Basic Facts About Deportation And Criminal Charges
If you are charged with a crime, and do not currently have your permanent residence status in the United States, do you know the basic facts about deportation and the criminal charges that may follow? That question rests largely on the nature of the crime.
An immigration attorney specializing in deportation will ask what kind of crime you are being charged with. If you are being charged with what is referred to as an aggravated felony, you run the risk of being deported. The definition of aggravated felony may be different in immigration law than how it reads in the state that you are being charged with your crime. A deportation attorney can best assess the nature of your legal predicament.
Immigration law defines an aggravated felony as:
- Murder, rape, or sexual abuse of a minor
- Illicit trafficking in a controlled substance, firearms, explosive materials, or destructive devices (which is defined in detail in the statutes)
- Laundering of monetary instruments
- Any firearms-related crime
- Theft or burglary for which the term of imprisonment at least one year
- Owning, controlling, managing, or supervising a prostitution business
- Gambling offenses for which a sentence of one year imprisonment or more may be imposed
There are many grounds for deportation, so this list is not meant to be considered as a complete overview of the crimes that can result in getting deported.
Crimes of Moral Turpitude Are Deportation Risk
Criminal charges are among the most common causes for getting deported. And, keep in mind that the crime you are charged with does not have to be an aggravated felony to result in deportation. Even if the defendant was only convicted of a misdemeanor and did not even serve time in prison, they risk getting deported.
Under The Immigration and Nationality Act the Department of Homeland Security has the authority to deport anyone who has committed a crime involving what is referred to as moral turpitude. Crime of moral turpitude are broadly referred to as conduct that is considered contrary to community standards of justice, honesty, or good morals.
This is obviously a very broad description for criminal activity. There are reams of legal paperwork dedicate to immigration law that go into much more detail on subjects such as moral turpitude. That underscores the importance of consulting with an immigration lawyer who has intimate knowledge on these subjects.
Over the past decade or so, the immigration laws in the United States have come to the forefront of the public eye. Spending on immigration enforcement has grown exponentially in that span of time. And as a result, authorities are being pressured to be firmer in enforcing the law as it relates to people who are in the country illegally or with green cards or work visas. An immigration lawyer can best help with the steps to avoid deportation.
Don’t substitute the descriptions here for the more thorough advice that can be given to you by an experienced and knowledgeable deportation attorney. They can give you a much more detailed explanation of your legal rights w.