Guide · Immigration

Crimes and Immigration Consequences: A Comprehensive Guide to Inadmissibility, Deportability, and Relief

8 U.S.C. § 1182

Type
Guide
Jurisdiction
National
Date
2024-10-21
Topic
Immigration

This guide sets out the law governing the immigration consequences of criminal convictions. It begins with the structural distinction between inadmissibility and deportability and explains why the same conviction produces different results depending on whether a person is applying for admission or defending against removal. It then defines conviction and sentence as immigration law uses those terms, which is more broadly than most state law does. Central parts treat the aggravated felony definition category by category, crimes involving moral turpitude and their counting rules, controlled substance offenses, firearms and domestic violence grounds, and the conduct-based grounds that require no conviction at all. A full part addresses the categorical and modified categorical approaches, divisibility, and the record of conviction. Later parts cover relief from removal, detention consequences, naturalization and good moral character, plea negotiation strategy, post-conviction relief, and judicial review.

Crimes and Immigration Consequences: A Comprehensive Guide to Inadmissibility, Deportability, and Relief

Immigration > Crimes and Immigration Consequences | Published 21 October 2024 - Updated 13 February 2026 | UpLaw - uplaw.us

How to Use This Guide

Parts 1 through 3 establish the framework: which question is being asked, what counts as a conviction, and what counts as a sentence. Parts 4 through 8 cover the substantive grounds. Part 9 covers the categorical approach, which determines how every ground is applied. Parts 10 through 13 cover relief, detention, naturalization, and judicial review. Parts 14 and 15 cover plea strategy and post-conviction relief.

The full text of this document is available to Executive subscribers and above. See plans.