Could Your Crime Lead to Deportation?

If you are a non-citizen living in the United States, it is critical that you follow all laws. While it’s true that the prospect of time behind bars and fines are dismaying to anyone, things can get much more complicated for immigrants lacking citizenship.  That’s because, in some cases, criminal activity could result in deportation. There are rules set out by the Immigration and Nationality Act that could lead to deportation (or inadmissibility) of non-citizens. What types of criminal actions could lead to immigration problems?

What Constitutes a Non-Citizen 

There are three types of individuals who do not qualify for a U.S. passport and are not citizens of the United States, but are legally in the country:

• Temporary residents, who are foreign nationals along with their spouses and kids, who are here on a visa;
• Permanent residents, who have green cards and live and work here;
• Dreamers, who are undocumented individuals who entered the country as children under the age of 16 and who have been here for five+ years, and who have no serious criminal convictions and are in school, are high school graduates, GED holders, or who performed military service.

Issues That Could Lead to Deportation 

A number of things could result in deportation for non-citizens: 

Compliance Failures

 Disregarding requirements to comply with change of address registration, or the falsification of documents related to permits, visas, or related entry documentation, could lead to deportation.

Crimes of Moral Turpitude 

Crimes of Moral Turpitude are those that society considers intolerable because they violate conventional rules of morality. There are two criteria that could lead deportation—both of which must be met:

• If the crime of moral turpitude is committed within five years of being admitted to the U.S., (ten years for someone who has permanent resident status);
• If the crime has a maximum penalty of one year of incarceration or more.

Drug Charges 

A drug charge (unless it is a single charge of having 30 grams or less of marijuana for personal use), or being an addict or user of drugs outside this marijuana exception can lead to deportation.

Firearms Charges 

Buying, selling, using, trading, or carrying a firearm, accessory or device that could be destructive in violation of state or federal law can lead to deportation.

Aggravated Felonies 

If convicted of an aggravated felony, deportation can occur at any point after a non-citizen enters the country, regardless of immigration status.

High Speed Flight 

Non-citizens who participate in high-speed flight from an immigration checkpoint can be deported immediately.

Domestic Violence 

Violating a protective order is a deportable offense.  Any conviction related to stalking, domestic violence, child abuse, neglect, or abandonment, could lead to deportation.

False Claims of Citizenship 

Falsely representing oneself as a U.S. citizen to get any sort of benefit is a deportable offense.

Illegal Voting

Voting in a local, state, or federal election for a regulation, ordinance, constitutional provision, or person is a deportable offense.

Advocating for You 

The dedicated Las Vegas criminal defense lawyers at Lobo Law always fight for the best possible outcomes for you.  To discuss your situation, schedule a confidential consultation in our office today.

Source:

uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227&num=0&edition=prelim