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.
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 do not have to mean to drive drunk to be convicted of it.
Drug Crimes in Nevada are deportable offenses
If you are a legal alien who has 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 will not 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
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
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 are 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.
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 are a legal alien, having a conviction for a CIMT in Nevada makes you deportable. However, if you have 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
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 should not 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.
Please read our article on Inadmissible Crimes in Nevada (for Undocumented/illegal Aliens). If you have already been convicted of a deportable crime, please read our article on post-conviction relief in Nevada for immigrants.
To learn about deportable crimes in California, go to our page on deportable crimes in California.
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.
5Go to 8 U.S.C. � 1101(a)(43) to read a complete list of crimes considered to be "aggravated felonies."
8For the legal definition of "firearm," go to 18 U.S.C. 921(a)(3).