Sex Crimes and Immigration: Aggravated Felony Consequences

Sex Crimes and Immigration: Aggravated Felony Consequences

Thanks for visiting Spodek Law Group. We’re a second generation law firm – managed by Todd Spodek.
We have over 40 years of combined experience handling some of the toughest cases in America. We
represented Anna Delvey in the case that became a Netflix series directed by Shonda Rhimes. We
defended the juror in the Ghislaine Maxwell mistrial scandal. We’ve handled high-stakes federal cases
coast to coast.

You’re reading this because you’re scared. Maybe you’re a green card holder facing sex crime
charges. Maybe you’ve already been convicted and just found out deportation is on the table. Maybe
ICE already showed up at your door. This article breaks down what happens when sex crimes collide
with immigration law – what “aggravated felony” really means for your future in America, and what you
can still do when everyone’s telling you there’s no hope. We’re writing this because most people
have no idea how one conviction – sometimes just a misdemeanor – can erase decades of life in the
United States. You deserve to know what you’re up against. You can trust us because we’ve been in
these fights before, we know every angle of the law, and we don’t back down from prosecutors or
immigration officials who want you gone.

Sex Crimes Can Get You Deported – Period

If you’re not a U.S. citizen and you get convicted of certain sex offenses, you’re facing
deportation. Doesn’t matter if you’ve been here 30 years. Doesn’t matter if your kids are American
citizens. Doesn’t matter if you have a green card, work visa, or you’re married to a U.S.
citizen.

Immigration law treats sex crimes differently than almost any other offense. A lot of sex offenses
get classified as “aggravated felonies” – and that label destroys your immigration status.

Once you’re convicted of an aggravated felony, the government does everything it can to remove
you. You lose most defenses. No asylum. Can’t adjust your status. Can’t apply for cancellation of
removal in most situations. You’re barred from re-entering the United States – sometimes forever.

This isn’t theory. This happens every single day.

What Counts as an “Aggravated Felony”?

The term “aggravated felony” is misleading. Sounds like it only applies to serious violent
felonies – but immigration law doesn’t work that way.

Federal immigration law says aggravated felonies include:

Sexual Abuse of a Minor – Broad category. Covers statutory rape even with small
age differences. Covers charges that might be misdemeanors under state law. If the victim is under 18
and there’s any sexual contact, prosecutors try to label it sexual abuse of a minor.

Rape – Any rape conviction counts. First degree, second degree, doesn’t matter
what your state calls it.

Forcible Sexual Assault – If there was force, coercion, threat of force – it’s
almost certainly getting treated as an aggravated felony.

Child Pornography Offenses – Possession, distribution, production. All aggravated
felonies. Even one image can trigger deportation.

The trap: the federal government doesn’t care what your state calls the crime. They look at the
offense elements and the facts. A prosecutor tells you to plead guilty to a reduced charge – you
think you’re safe because it’s “just a misdemeanor.” Then ICE shows up and says the feds consider it
an aggravated felony anyway.

Happens constantly.

Why the Aggravated Felony Label Destroys Everything

Most people don’t get how devastating the aggravated felony designation is until it’s too
late.

Once you’re convicted of an aggravated felony:

Mandatory Detention – ICE can lock you up without bond. No hearing to argue
you’re not a flight risk. You sit in detention while your case drags through the system – months,
sometimes years.

No Cancellation of Removal – Normally, long-term green card holders can apply for
cancellation of removal. You need seven years in the U.S., good moral character, and proof that
removal would cause extreme hardship to U.S. citizen family members. Aggravated felony conviction?
You’re not eligible. Door’s closed.

No Asylum – Can’t apply for asylum or withholding of removal based on fear of
persecution. Only exception is if you can prove you’ll be tortured if you’re sent back – incredibly
high bar.

Permanent Bar to Re-Entry – Even if you leave voluntarily, you’re barred from
coming back. Ever. No waiver. No waiting period. Done.

Fast-Track Removal – Government can use expedited removal procedures. You don’t
get the same protections as other cases. They want you out fast.

This is why aggravated felony is so dangerous. Strips away almost every defense you’d normally
have.

Crimes Involving Moral Turpitude – Another Trap

Even if your sex offense isn’t an aggravated felony, you’re not safe.

Immigration law also targets “crimes involving moral turpitude” – CIMT. Vague, old-fashioned legal
term that basically means crimes involving dishonesty, fraud, or conduct considered morally
wrong.

Lots of sex offenses fall here:

• Solicitation of prostitution
• Indecent exposure (depends on facts)
• Lewdness
• Contributing to delinquency of a minor

CIMT hurts you like this:

Single CIMT Within Five Years of Admission – Get convicted of a CIMT within five
years of being admitted to the U.S. (getting your green card, entering on a visa, whatever), you can
be deported.

Two or More CIMTs – Convicted of two crimes involving moral turpitude anytime
after admission – even misdemeanors, even decades apart – you’re deportable.

Government loves CIMT charges because they’re flexible. Prosecutors and immigration judges have
tons of discretion deciding what qualifies. Offenses you thought were minor come back to destroy
you.

The Sex Offender Registration Trap

Most people forget this: failing to register as a sex offender is itself a deportable offense.

Say you were convicted of a sex offense years ago. Did your time. Trying to move on. But you’re
required to register under state law.

You fail to register – honest mistake, you moved and didn’t realize you had to update your address
within a certain timeframe – that failure is a separate ground for deportation.

This trap catches people constantly. Criminal case is over. You think you’re clear. ICE shows up
because you missed a registration deadline.

What Happens When ICE Comes After You

Once you’re convicted of a sex offense that qualifies as an aggravated felony or CIMT:

ICE Issues a Detainer – If you’re in state or local custody, ICE puts a detainer
on you. Means even if you post bail or finish your sentence, you don’t get released. ICE takes you
into custody the moment you’re supposed to walk free.

Notice to Appear (NTA) – You get a Notice to Appear in immigration court.
Document lists the charges against you (grounds of removability) and tells you when and where your
hearing is.

Bond Hearing (Maybe) – Not convicted of an aggravated felony? You can request a
bond hearing, argue for release while your case is pending. Aggravated felony conviction? No bond.
You stay locked up.

Master Calendar Hearing – First court appearance. Judge asks if you admit or deny
the allegations in the NTA. You indicate whether you’re applying for any relief from removal.

Individual Hearing (Merits Hearing) – The trial. Government presents evidence
you’re removable. You present evidence and argue for any relief you might qualify for. Judge
decides.

Appeal – You lose, you can appeal to the Board of Immigration Appeals (BIA). Lose
there, petition the federal circuit court. Appeals take years – and you’re detained the whole time
if you’re convicted of an aggravated felony.

The process is brutal. Odds are stacked against you. Without an experienced immigration attorney
and criminal defense lawyer working together, you lose.

Your Options – What You Do Right Now

Facing sex crime charges and you’re not a U.S. citizen? Do this immediately:

Hire a Criminal Defense Lawyer Who Understands Immigration Consequences – Most
criminal defense attorneys don’t think about immigration. They negotiate a plea deal that sounds good
on the criminal side – reduced charges, probation instead of jail – but completely wrecks your
immigration status. You need a lawyer who knows the difference between an aggravated felony and a
CIMT. Someone who understands how federal immigration law categorizes state crimes. At Spodek Law
Group, we handle both criminal defense and immigration consequences as part of one strategy.

Hire an Immigration Lawyer Immediately – Even before you’re convicted, you need
an immigration attorney analyzing your options. Can you fight the charges? Negotiate an
immigration-safe plea? What relief might you qualify for if convicted? Answer these questions before
you step into a courtroom.

Never Plead Guilty Without Understanding Immigration Consequences – Supreme Court
said criminal defense lawyers have a constitutional duty to advise non-citizens about immigration
consequences. Doesn’t mean they always do it – or do it right. Before you plead guilty to anything,
understand exactly how it affects your immigration status. Get it in writing.

Explore Immigration-Safe Pleas – Sometimes it’s possible to negotiate a plea to a
different offense that doesn’t trigger deportation. Maybe plead to a non-sexual offense, or an
offense not involving a minor, or something that doesn’t meet the federal definition of an aggravated
felony. Requires coordination between your criminal lawyer and immigration lawyer. Not always
possible – but when it is, it saves your life in America.

Fight the Conviction – Sometimes the best option is trial. You’re acquitted? No
conviction, no immigration consequences. If the evidence is weak, police violated your rights, there
are credible defenses – fight. Don’t roll over because a prosecutor’s offering a deal.

Look for Post-Conviction Relief – Already convicted? Might not be too late.
Depending on circumstances, you might file a motion to vacate the conviction, withdraw your guilty
plea, or appeal. Your lawyer didn’t properly advise you about immigration consequences? That could be
grounds for relief. Legal errors at trial? Might get the conviction overturned. Every case is
different – but options exist.

Apply for Relief If You Qualify – Even if you’re deportable, there might be
relief depending on your situation. Not convicted of an aggravated felony? You might qualify for
cancellation of removal, adjustment of status, or a waiver. Can you show you’d be tortured in your
home country? Might qualify for protection under the Convention Against Torture. Long shots in
aggravated felony cases – but not impossible.

Leave Voluntarily (Last Resort) – Sometimes the best option is leaving the United
States voluntarily before deportation. Voluntary departure is better than deportation because it
doesn’t carry the same legal consequences. Might be able to apply to come back in the future. Avoid
the permanent bar. Not a good option – but better than forced removal.

Why You Need Spodek Law Group

Facing sex crime charges and you’re not a U.S. citizen? You’re in the fight of your life.
Government wants you gone. Prosecutors don’t care about your immigration status – they just want a
conviction. ICE doesn’t care about your family, job, or how long you’ve been here – they just want to
deport you.

You need lawyers who understand both sides.

At Spodek Law Group, we’ve handled some of the most complex criminal and immigration cases in the
country. Federal court, state court, immigration court. We know how to negotiate with prosecutors. We
know how to fight ICE. We know the defenses that work and the arguments judges actually listen
to.

We’re not sugarcoating your situation. Facing an aggravated felony conviction? Odds are bad. But
bad odds don’t mean no chance. We’ve won cases other lawyers said were unwinnable. We’ve gotten
charges reduced, convictions vacated, deportations stopped.

You need someone who fights for you – not just shows up and goes through motions. You need someone
who’s handled cases like yours and knows what works.

That’s us.

Don’t Wait

You’re reading this, you’re probably already in trouble. Charges filed. Already convicted. ICE
already contacted you.

Don’t wait.

Every day you wait is a day the government builds its case against you. Every day you wait is a
day you could be using to find defenses, negotiate better outcomes, protect your future.

Call us. We’re available 24/7. Risk-free consultations. We’ll review your case, explain your
options, tell you honestly what we think your chances are.

Your future in America depends on decisions you make right now. Make the right one.