Aggravated Felonies

The statute includes, within the aggravated felony definition of this category:

an offense (i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18, United States Code, or is described in section 1546(a) of such title (relating to document fraud) and (ii) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 12 months, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this Act . . . . [220]

This provision can be separated into two offense prongs and an exception:

            (1)  A conviction under 18 U.S.C. § 1543, for falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument, for which a sentence of at least 12 months is imposed; or

            (2)  A conviction under 18 U.S.C. § 1546(a), for which a sentence of at least 12 months is imposed; 

            (3)  Except for a first offense in which the noncitizen aided only his or her spouse, child, or parent.

See § 3.56, supra, for a discussion of the sentence requirements.

[220] INA § 101(a)(43)(P), 8 U.S.C. § 1101(a)(43)(P) (emphasis added).