DHS: Provisional Waivers Rules Published

I was convicted of a misdemeanor. Why does immigration say I was convicted of an aggravated felony?

Unfortunately, the definition of an aggravated felony for immigration purposes lacks common sense and makes many misdemeanors aggravated felonies for immigration purposes.

For example, for immigration purposes, a conviction is an aggravated felony if:

  • it is a crime of violence and the sentence is at least one year,
  • it is a theft offense and the sentence is at least one year,

How the conviction is classified for criminal law purposes, does not mean it will be classified that way for immigration purposes.