Crimes That Make Immigrants Deportable in The U.S.
Experienced Legal Help for Criminal Deportation
A criminal conviction can negatively affect your immigration status in Los Angeles and throughout the country. Those who aren’t careful risk becoming ineligible to apply for a green card, plan for naturalization, pursue employment, or other opportunities. Even lawful permanent residents are held to the same standards.
Immigration services rarely consider how long you’ve been in the country before convicting you of a crime you may not have been aware of. Anything you did 20 to 30 years ago is still triable. Retaining a Los Angeles deportation and removal lawyer is best if you’ve been appointed with a hearing.
ICE FY20 Arrests and Deportations
The United States enforces strict removal and deportation processes, but COVID-19 has drastically changed how immigration agencies have handled cases. Many have been housed in detention centers or removed immediately upon entry without seeing an Immigration Judge. Last year U.S. Immigration and Customs Enforcement (ICE) arrested 103,603 immigrants and deported 185,884.
Crimes of Moral Turpitude vs. Aggravated Felonies
Crimes of moral turpitude (CMTs) involve fraud, theft, or intent to harm. If the court rules your actions as dishonest or in violation of the law, you’re likely to receive a removal order. A few examples of CMT are:
Attacking to harm another
Planning to commit a CMT
Any crime considered as CMT will make you deportable, especially if you:
Commit a CMT during the first five years of your entry to the U.S.
Commit multiple CMTs on separate occasions after your admission to the U.S.
A deportation defense lawyer in Los Angeles might be able to demonstrate why your conviction does not deserve this classification. Petty offenses are one of the very few exceptions. It only applies if the crime committed does not result in one year of imprisonment – or if the offender served less than six months in jail for shoplifting or driving under the influence.
Aggravated felonies are slightly different from CMTs. Unless an immigration lawyer in LA can prove you would return to extreme torture upon returning to your country of origin, you could get deported and become inadmissible for re-entry.
The Immigration and Nationality Act identifies the following crimes as aggravated felonies:
Defrauding more than $10,000
Stealing or selling stolen property
Conspiring to commit a felony
Sexually abusing minors
Pornography of minor
Lying under oath
Without a deportation lawyer for aggravated felonies, immigration authorities are less inclined to tell you how your misdemeanors categorize. It’s best to have immigration help every step of the way because removal proceedings for any aggravated felony convictions are immediate.
If the immigration judge ruled unfavorably, you might still have a chance at remaining in the U.S. A defense attorney can help you file to appeal your misdemeanor conviction through the Board of Immigration Appeals (BIA) within the first 30 days from the ruling. It can buy you extra time by stalling your deportation order.
Other Crimes That Lead to Deportation
Drug convictions and unauthorized possession of a firearm are two additional crimes where a violent act is not needed to become deportable.
Getting convicted for having medicinal marijuana in legalized states is unlikely. An attorney would recommend that you obtain a written recommendation from a licensed doctor to avoid getting arrested. Harder drugs have different consequences.
On the other hand, purchasing, selling, carrying, or possessing any firearm is illegal. We advise you to avoid gun ownership, especially if you were charged with any crimes in the past.
Immigration laws categorize crimes by moral turpitude or aggravated felonies separately. That makes it harder for an immigration attorney in Los Angeles to defend against deportation. It complicates the reasoning behind why the conviction should not count.
Section 237 of the I.N.A. provides a more extensive list of crimes and other grounds of deportation.
About The Law Offices of Todd Becraft
At The Law Offices of Todd Becraft, our immigration attorneys recognize how overwhelming the immigration process can be.
Each client deserves an individualized approach that pertains to their unique situation. When you choose us – you can expect a thorough analysis of your case, extensive preparation, combined with our years of experience and expertise.
Our commitment to excellence and thoughtful approach to a diverse range of immigration matters set us apart from other law firms. Call 213-388-1821 or email email@example.com to schedule a consultation!