What green card holders need to know about aggravated felonies
Green Card
For many immigrants, holding a green card is a hard-earned privilege – a ticket to a better life, a safer home and a future built on hope and sacrifice.
However, few realize that this privilege is not ironclad. It can be lost in a heartbeat if one is convicted of what US immigration law calls an “aggravated felony.”
The term “aggravated felony” may sound straightforward, but in reality, it is broad, technical and often misunderstood. It includes crimes that, under state law, may not even be considered aggravated or felonious. But once classified as such under federal immigration law, the consequences are swift and unforgiving: mandatory deportation, permanent inadmissibility and loss of eligibility for most forms of immigration relief.
What is an aggravated felony?
Under Section 101(a)(43) of the Immigration and Nationality Act (INA), an aggravated felony includes a wide range of criminal offenses. If convicted of any of these offenses at any time after being admitted as a lawful permanent resident (LPR), you can be removed from the United States and barred from returning.
Here are some of the most common offenses classified as aggravated felonies:
- Murder, rape, or sexualaAbuse of a minor
Estrada-Rodriguez v. Garland (2022) affirmed that sexual abuse of a minor is an aggravated felony. - Drug trafficking offenses
Includes sale, distribution, or possession with intent to sell.
Lopez v. Gonzales (2006) clarified that simple possession is not an aggravated felony, but trafficking offenses are. - Firearms or explosives trafficking
- Fraud or money laundering involving loss exceeding $10,000
Kawashima v. Holder (2012) ruled that filing a false tax return with a loss over $10,000 qualifies. - Crimes of violence with a sentence of at least one year
Sessions v. Dimaya (2018) struck down the vague residual clause but left intact clearly violent felonies. - Theft offenses with a sentence of at least one year
United States v. Rodriguez (2008) confirmed this scope. - Child pornography offenses
- Alien smuggling (non-family)
- Failure to appear for service of sentence (Sentence ≥ 5 Years)
- Attempt or conspiracy to commit an aggravated felony
Landmark U.S. Supreme Court Cases
| Case | Citation | Key Ruling |
|---|---|---|
| Lopez v. Gonzales | 549 U.S. 47 (2006) | Simple drug possession is not an aggravated felony. |
| Sessions v. Dimaya | 138 S. Ct. 1204 (2018) | Struck down vague definition of “crime of violence.” |
| Kawashima v. Holder | 565 U.S. 478 (2012) | Tax fraud with loss over $10,000 is an aggravated felony. |
| Nijhawan v. Holder | 557 U.S. 29 (2009) | Court may look beyond statutory elements to actual facts. |
| Moncrieffe v. Holder | 569 U.S. 184 (2013) | Small-scale marijuana sharing is not an aggravated felony. |
Legal and practical impact
For green card holders, the legal impact of an aggravated felony conviction is devastating:
- Deportation without relief.
- Ineligibility for naturalization.
- Permanent inadmissibility to return to the US.
- Mandatory detention during removal proceedings.
- No eligibility for asylum, cancellation of removal or waivers.
Additionally, lawful permanent residents with any criminal conviction — particularly those that may be considered aggravated felonies — should exercise extreme caution when traveling outside the US. Under INA § 101(a)(13)(C)(v), an LPR may be treated as seeking admission upon return and placed in removal proceedings.
A cautionary reminder
Every immigrant should remember: One mistake can change your life forever.
That is why it is critically important for green card holders who have been charged, convicted or even arrested to seek competent immigration counsel immediately. Do not assume that your green card protects you — the law is clear, but the consequences are harsh.
A final word of hope
While the law can be unforgiving, it also reminds us of something deeper: the American immigrant story is not only about opportunity but about responsibility. We carry not only our dreams but also the duty to uphold the laws and values of the country we now call home.
But knowledge is power. By understanding the law, we are better equipped to protect our families, our future and the hard-earned privileges we have achieved. Each day is a new chance to live with dignity, integrity and respect — not just for the law but for the sacrifices that brought us here.
In the end, it’s not only about keeping your green card — it’s about preserving your future, your family and the legacy you are building. Let us all choose to live wisely, stay informed and never forget why we came here in the first place: to build a better life.
This article is provided for informational purposes and does not constitute legal advice. For legal help, consult an experienced immigration lawyer or contact our office at Valera & Associates, PC, Metropolitan Washington, D.C.
