Nevada Crimes Which May Result in Deportation

Legal aliens who get convicted of certain crimes in Nevada may be deported (removed) from the U.S. On this page, our Las Vegas criminal defense lawyers explain all the different categories of crimes that may lead to deportation.

If you've been arrested or charged with a deportable offense, we may be able to handle your criminal case in such a way that helps you avoid immigration court altogether. Please phone our Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) to schedule a free consultation.

If you're an undocumented alien, please read our article on Inadmissible Crimes in Nevada (for Undocumented/illegal Aliens). If you've already been convicted of a deportable crime, please read our article on post-conviction relief in Nevada for immigrants. And always feel free to call us 702-DEFENSE (702-333-3673) to discuss your case and your rights.

Deportable Crimes in Nevada

The term "legal alien" includes all foreigners who are officially permitted to live on American soil. Legal aliens include legal permanent residents (LPRs or Green Card holders),¹ refugees,² asylees,³ and visa-holders.

Legal aliens may face deportation from the United States or other unpleasant immigration consequences if they have a criminal record. Fortunately, not all criminal convictions can get a legal alien deported-the less serious the crime, the less likely the immigration judge will order removal. As discussed below, however, legal aliens may face deportation if their convictions were for aggravated felonies, Nevada drug crimes, Nevada firearm crimes, Nevada domestic violence crimes, or crimes of moral turpitude:

Aggravated Felonies in Nevada are deportable

If you are a legal alien who gets convicted of an aggravated felony in Nevada, you may face deportation proceedings.⁴ Aggravated felonies comprise several different kinds of Nevada crimes such as:

murder in Nevada

rape in Nevada

lewdness with a child under 14 in Nevada

various theft crimes in Nevada

various fraud crimes in Nevada⁵

Aggravated felonies are usually "intent crimes," meaning that the prosecution has to prove that you committed the crime deliberately in order to be guilty of it. Therefore, non-intent crimes such as DUI in Nevada are usually not aggravated felonies because, in Nevada, you don't have to mean to drive drunk to be convicted of it.

Legal aliens who've been charged with an aggravated felony are invited to call our Las Vegas immigration criminal defense attorneys at 702-DEFENSE (702-333-3673). We may be able to dismiss your case or plea it down to a non-deportable offense. Even if you've already been convicted of an aggravated felony, we may even be able to modify or vacate the conviction.

Drug Crimes in Nevada are deportable offenses

If you are a legal alien who's been convicted of a drug crime in Nevada, you may face deportation proceedings. And if you just admit to being a drug addict or a drug dealer, you may be removed as well even if you were never convicted.⁶

The only drug crime that won't make a legal alien vulnerable to deportation is possession of marijuana for personal use in Nevada as long as the marijuana weighed no more than thirty (30) grams.⁷

Call our Nevada criminal defense attorneys at 702-DEFENSE (702-333-3673) if you're an immigrant or non-citizen who's been charged or convicted of a drug crime. We will do everything to plea your case down or vacate the judgment so you can stay out of immigration court.

Firearm Crimes in Nevada are deportable offenses

Firearms include any type of gun, from pistols to revolvers to rifles.⁸ Any conviction for a firearm offense in Nevada, such as carrying a concealed firearm without a permit in Nevada, makes legal aliens deportable.⁹

If you are an immigrant who's been arrested for a firearm offense in Nevada, we may be able to achieve a dismissal in your case or change your charges to a crime involving of a weapon other than a firearm-that way, the conviction will not trigger immigration consequences. And if you've been convicted already for a firearm offense in Nevada, we will still research all your options to modify or vacate your criminal record. Just call us at 702-DEFENSE (702-333-3673) for a free consultation.

Domestic Violence Crimes in Nevada are deportable offenses

Domestic violence is a broad category of crimes that involve physically violent or dangerous encounters between family members, co-parents, in-laws, dating partners, or roommates. Legal aliens in Nevada may face removal from America if they're convicted of such domestic violence-related offenses as battery domestic violence in Nevada, stalking in Nevada, and child abuse, neglect or endangerment in Nevada.¹⁰

Domestic violence crimes in Nevada are taken very seriously by immigration judges. Domestic violence is commonly referred to as a "triple whammy" crime because it sometimes qualifies as an aggravated felony as well as a crime of moral turpitude, all of which trigger deportation proceedings.

If you're a legal alien who's been arrested or convicted of a domestic violence crime in Nevada, call our Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) to set up a free meeting. We may be able to dismiss your case, reduce your charges or modify your conviction so that you won't have to face immigration court and possible deportation.

Crimes Involving Moral Turpitude (CIMTs) in Nevada are deportable offenses

Perhaps the most confusing aspect of immigration law concerns crimes involving moral turpitude (CIMT). In general, CIMTs are crimes which are particularly heinous and contrary to societal norms. A few examples of common CIMTs in Nevada are:

murder and attempted murder in Nevada

voluntary manslaughter in Nevada (but not involuntary manslaughter)

kidnapping in Nevada

rape and sexual abuse in Nevada

solicitation of prostitution in Nevada

some cases of assault and battery in Nevada, especially with intent to rob, with a deadly weapon, or on an officer

some instances of burglary in Nevada

carrying a concealed weapon with intent to use in Nevada

Casino marker crime in Nevada, especially if the amount owed is $10,000 or more

If you're a legal alien, having a conviction for a CIMT in Nevada makes you deportable. However, if you've been convicted of only one CIMT, you may be safe from deportation unless 1) the CIMT is a felony or gross misdemeanor, AND 2) the CIMT was allegedly committed within five years of you being admitted into the United States.¹¹

Since CIMTs is such a vague area of the law, it is important you hire a good immigration criminal defense attorney who knows which Nevada crimes are CIMTs and which aren't. If you've just been arrested for a CIMT or already have a conviction for one, call our Las Vegas criminal defense lawyers at 702-DEFENSE (702-333-3673) to discuss your case. We might be able to get it dismissed, pled down, or modify your conviction.

For a more detailed discussion of CIMTs, visit our Crimes involving Moral Turpitude in Nevada page.

Additional Removable Crimes

Some other, rarer crimes that legal aliens in Nevada may be removed for are high speed flight from an immigration checkpoint,¹² failing to register as a sex offender in Nevada,¹³ and various crimes concerning espionage, sabotage, treason, and sedition.¹⁴

You shouldn't have to face court by yourself . . . .

If you are a legal alien who has been arrested, charged or convicted of a removable crime in Nevada, we might be able to save your resident status. Call our Nevada immigration & criminal defense lawyers at 702-DEFENSE (702-333-3673) for a free consultation.

Return to Criminal Defense of Nevada Immigrants main page.

¹Go to the Bureau of Consular Affairs to read more about visas.

²Go to the U.S. Citizenship and Immigration Services website to read more about the application procedure for refugee status.

³Go to the U.S. Citizenship and Immigration Services website to read more about the application procedure for asylee status.

⁴U.S.C. § 1227 (a)(2)(A)(iii)

⁵Go to 8 U.S.C. § 1101(a)(43) to read a complete list of crimes considered to be "aggravated felonies."

⁶8 U.S.C. § 1227(a)(2)(B)

⁷8 U.S.C. § 1227(a)(2)(B)

⁸For the legal definition of "firearm," go to 18 U.S.C. 921(a)(3).

⁹8 U.S.C. § 1227(a)(2)(C)

¹⁰8 U.S.C. § 1227(a)(2)(E)

¹¹8 U.S.C. § 1227(a)(2)(A)

¹²18 U.S.C. § 758

¹³18 U.S.C. § 2250

¹⁴8 U.S.C. § 1227(a)(2)(B)