HOW TO APPLY FOR ASYLUM - The Florence Project

your husband, wife, child, or parent)
• fraud or income tax evasion, if the victim lost over $10,000
• failure to appear if you were convicted of (1) missing a court date on a felony charge for which you
could have been sentenced to at least 2 years (even if you were not sentenced to 2 years) or (2) not
showing up to serve a sentence for a crime for which you could have been sentenced to 5 years
• money laundering (of over $10,000)
You are also an aggravated felon if your conviction was for attempt or conspiracy to commit one of the
crimes listed above.
If you have been convicted of an aggravated felony and can get assistance from an immigration lawyer, ask
your lawyer to review your conviction carefully. Sometimes an immigration lawyer has an argument that your
conviction is not an aggravated felony. Also, in some cases, a criminal defense lawyer might be able to reopen
your conviction to change the sentence or the nature of your conviction.
It is difficult to reopen criminal cases once you have been convicted of a crime and only certain ways of
changing your conviction in criminal court will change your conviction for immigration purposes. DHS may
oppose a change to your conviction or sentence if the change is made only to avoid being removed from the
United States. To find out more about this, you will need to talk to an experienced immigration lawyer.
• What if I have an aggravated felony conviction but my sentence was less than 5 years
In that case, you may not be eligible for asylum, but you may be eligible for withholding of removal. The judge
has to decide whether your crime is “particularly serious,” and if he or she decides it is, you will not be eligible
for withholding of removal. We explain soon what facts the judge uses to make this decision, but it is important
to understand that, most of the time, an aggravated felony is considered a “particularly serious crime.” Only if
you can show that there is something special about your crime that makes it less serious will the judge consider
you for withholding of removal.
• If I have a crime that is not an aggravated felony, can I receive asylum or withholding of removal
Maybe, but not if the judge decides that your crime is a “particularly serious crime.” There is no list to look at
and see whether your crime is “particularly serious” or not. Each case is different, and the judge will consider 4
things in order to decide whether your crime was particularly serious. These 4 things are:
1) the nature of the crime (what type of crime it was and what happened);
2) the sentence you received (whether it was a heavy or light sentence);
3) whether it was a crime against a person or a crime against property; and
4) whether the circumstances of the crime make you a danger to society.
If you used a weapon, if you received a long sentence, or if you hurt someone or put someone in danger when
you committed the crime, it is more likely that the judge will decide you committed a particularly serious
crime and you will not be eligible for either asylum or withholding of removal.
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FIRRP- last update June 2007