“Aggravated felony” is an immigration-law classification defined by 8 U.S.C. 1101(a)(43). A state’s misdemeanor or felony label does not control. Some categories depend on the offense elements, a sentence threshold, a monetary threshold, or another condition in the federal definition. [1]
Rules that determine the answer
The classification can affect removal, detention, asylum, cancellation, naturalization, and permission to return. It does not mean that every listed consequence applies identically to every person. The categorical or modified categorical approach may require comparing the conviction’s elements with the federal category; immigration dates and procedural posture also matter. [1] [2]
An expungement or postconviction change does not automatically eliminate immigration consequences. The legal basis for a vacatur, rather than its label alone, may determine how immigration authorities treat it.
What to check before taking the next step
- Obtain the statute of conviction and certified conviction record before accepting a plea or choosing an immigration filing.
- Collect the charging document, plea agreement, judgment, sentence, and any relevant appellate decision.
A distinction that changes the result
The definition includes numerous separate categories, such as specified trafficking offenses, crimes of violence, theft or burglary with stated sentence conditions, and certain fraud offenses involving a qualifying loss. Do not apply a one-year sentence test to every category: some categories use different conditions. A conviction can have immigration consequences even where state law calls it a misdemeanor. The record needed for an elements comparison also differs from a general police narrative; an immigration court cannot always rely on any account of what happened. [1]
Practical example
A suspended sentence may still count under immigration sentencing rules. Focusing only on days actually served can therefore miss a legally important one-year threshold.
For related situations, see criminal bars to adjustment of status and exceptions to the permanent immigration bar.
Primary sources
Sources checked: October 31, 2026.