Can I be deported if I commit a crime in the US?
Can I be deported if I commit a crime in the United States: Yes!
Committing a crime while in the United States is no joke! In fact it can cause you to be deported by US Immigration Officials. Even if you have a green card, you can be deported!. All immigrants, including those with green cards, can be deported if they violate U.S. immigration laws. Committing is crime is one of the most common reasons to place someone in removal proceedings. If you are placed in removal proceedings, get a lawyer without delay.
In particular, immigrants can be deported if they commit either a “crime of moral turpitude” (CMT) or an “aggravated felony
1. What are “Crimes of Moral Turpitude”:
Usually a crime of moral turpitude is a crime that “shocks the conscience” and could include crimes against property such as theft, fraud and larceny and crimes involving dishonesty as well as intent to commit these crimes. A crime of moral turpitude also includes crimes against the person and includes assault with the intent to rob or kill, spousal abuse, and aggravated driving under the influence (DUI or DWI).
The crimes listed here does not constitute the full list and such, you must contact a qualified Immigration lawyer if you have committed and crime and is before the Immigration court. There are too many examples of crimes that have been found to involve moral turpitude and the Courts seem to be interpreting the laws to add new crimes often.
An Immigrant may be able to argue that their conviction should not be classified as a crime of moral turpitude, or that the statute that has been violated contains elements that would not always pertain to a crime of moral turpitude. This will be a good defense if you are able to pull it off.
An Immigrant may be Deported for a Crime of Moral Turpitude if:
1. Immigrant commits a crime of moral turpitude during the first five years after admission to the United States. So if you obtain your green card and is admitted in the United States in 2008 and you commit a crime between 2008 and 2013, you could be deported for CMT.
2. Immigrant commits two or more crimes of moral turpitude not arising out of a single scheme of criminal misconduct at any time after your admission to the United States.
A Petty Offense Exception, how does it work?
Immigration law provides that a crime can escape classification as a crime of moral turpitude if it is a "petty offense." The petty offense exception applies if the penalty for the crime committed could never exceed one year of imprisonment, and if any time the person actually served in prison was less than six months. Examples of petty offenses could include shoplifting, simple assault, or a DUI that did not involve driving without a license or damage to property or persons, depending on the law in your state.
Waivers for CMT:
There are a few situations in which you may be able to apply for a waiver of a crime of moral turpitude under Section 212(h) of the Immigration and Nationality Act (I.N.A.). A waiver is a form of legal forgiveness that would allow an Immigrant to avoid deportation. In order to qualify, you must never have committed an aggravated felony, you cannot be a threat to national security, and you must have lived within the U.S. continuously for at least seven years.
Some examples of situations that may be waiver-eligible include possession of less than 30 grams of marijuana, crimes related to prostitution, or crimes that were committed more than 15 years ago.
2. What Is An Aggravated Felony?
Aggravated felony is a term of art used to describe a category of offenses carrying particularly harsh immigration consequences for non-citizens convicted of such crimes. Regardless of their immigration status, if you are not a U.S citizen and you have been convicted of an aggravated felony, you are prohibited from receiving most forms of relief that would spare you from deportation, including asylum. You will also be prohibited from being re admitted into the United States at any time in the near future.
Yet despite what the ominous-sounding name may suggest, an aggravated felony need not be “aggravated” nor does it need to be a “felony” to qualify as such a crime. Instead, an aggravated felony is simply an offense that Congress has seen fit to label as such. Once upon a time, the list of aggravated felonies was limited. However Congress has seen it fit to expand the list and it now includes many nonviolent and seemingly minor offenses.
Some aggravated felonies include murder; rape; drug or firearms trafficking; sexual abuse of a minor; child pornography; money laundering, fraud or tax evasion involving more than $10,000; theft or violent crimes with a sentence order of at least one year, even if the sentence was suspended.
If you were convicted of an aggravated felony at any time, there will be very little that you can do to avoid deportation, unless you can prove it is more likely than not that you would be tortured in your native country upon return. In that case an Immigrant could apply for relief under the United Nations Convention against Torture Act (CAT)
You should obtain the help of a qualified and competent Attorney who can help you avoid a crime of moral turpitude conviction or an aggravated felony conviction that could permanently render you inadmissible to the United States.
Call Sandra Boogaard Law Office at (646) 688-2747 if you need help or have questions. Follow us on Twitter @Sboogaardlaw. Like us on Facebook at Sandra Boogaard Law Office.
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