Immigration Issues/Criminal Trespassing


I have been charged with a class B misdemeanor for criminal trespassing.   I am from the U.K and have lived in the U.S for 14 years as a permanent resident.  During this time I have never been in any trouble with the law.  Is there a chance I could be deported for the crime I have been charged with?

Hello Sharon:

The immigration and Nationality Act (INA) provides a different classification than state law, when it comes to criminal convictions.

Under immigration law, it is possible that a misdemeanor conviction for a crime such as criminal trespassing could qualify as an "aggravated felony." One convicted of an aggravated felony faces restrictions on his/her ability to apply for relief and avoid being deported. A criminal trespassing conviction is an aggravated felony if the sentence imposed is at least one year in jail, even if that sentence is suspended. A permanent resident of the U.S. with an aggravated felony conviction is not eligible to apply for a waiver and is also barred from most other forms of relief.
If the sentence imposed was a year or more, you will need post-conviction relief to avoid harch consequences.

If you would like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I will be glad to help you. Contact email address: .

The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn’t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally.


Annick Koloko, Esq.

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Annick Tchokonte-Koloko


Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.


Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

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