Aggravated Felony
An aggravated felony is considered a crime to a person seeking asylum in the United States and he/she will therefore, under the immigration law, be removable and cause him/her certain serious consequences.
Now, what is it that is considered to be an aggravated felony in the United States? Well, in 1988, when the topic of aggravated felonies was incorporated to the Immigration and Nationality Act (INA), an aggravated felony was considered as a murder or traficking drugs, but The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) both amplified the crimes that until now, fall in the category of being an aggravatd felony. Now, and aggravated felony is violence, theft, illegal trafficking, fraud, smuggling, murder or rape either to a minor or an adult, and an attempt or conspiracy to commit an aggravated felony.
First of all, when one is convicted of an aggravated felony, the government must prove that he/she is guilty. The judge at court will determine whether the individual is condemned culpable or not for the crime.
However, If the condemnation is not final, it won't require the individual to be sent to imprisonment. Yet, if the sentence is final and the harm is considered an official aggravated felony, the individual will be sent to jail for a year or less. If it is for less than a year, then that occurrence will take the individual outside the meaning of aggravated felony.
A person convicted of an aggravated felony will not be capable of stepping on the United States, receive asylum, become a citizen, or have removal orders cancelled without special permission of the Attorney General.
After the individual who commited the aggravated felony has finished his/her sentence at jail, he/she will automatically be deported through hasted procedures so that the deportation can occur rapidly.
There are also limited waivers. These are used to prevent the individual who has commited the aggravated felony from being deported. However, permanent residents are not eligible for this waiver. These are only availabe for nonpermanent residents.
This is just a brief overview of what would happen to a person who has been convicted of a felony. There are many much things to an aggravated felony.
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