If you are a “permanent resident” or have a visa or “green card” which permits you to work and live in the United States, then you also enjoy most rights and privileges of other U.S. citizens. “Deportable crimes” can strip you of your status as a “permanent resident” or take away your visa or “green card” and lead to deportation and permanent removal from the country, barring you from returning to the U.S.
Immigration and Nationality Act and Deportable Crimes
The federal Immigration and Nationality Act (“INA”) says any non-citizen in the U.S. may be removed / deported if convicted of certain crimes. It doesn’t matter the length of time in the U.S., how established they are, or whether they have dependent children who are U.S. citizens. Whether they are legal permanent residents, have a green card, visa, or have been granted asylum, they’ll be deported if they commit any crime in the “Deportable Crimes” category.
Deportable Crimes category
The main “Deportable Crimes” category in California consist of:
“Crimes of moral turpitude” (CIMT). These crimes include rape, arson, or murder. If you’re convicted of one of these crimes and sentenced to one or more years in prison within five years after being admitted to the U.S. you may be deported. If you have a green card, this is within 10 years of being admitted to the U.S.
“Aggravated felonies.” This includes drug or firearms trafficking, murder, or rape. You may be deported for this crime no matter how long it’s been since being admitted to the U.S.
Controlled substances offenses in California, If convicted of possessing, distributing, or selling illegal drugs (i.e., controlled substances) you may be deported. An exception to this may be if you possessed 30 grams of marijuana, or less, for your personal use.
Firearms offenses. You may be deported if convicted of selling, buying, owning, or carrying a firearm.
Crimes against the U.S. or its citizens. If you’ve been convicted of espionage, treason, or acts of terrorism, you may be deported.
Permanently Barred for Deportable Crimes
If convicted of an aggravated felony, you will be permanently barred from returning. For other convictions, you may be permitted to return to the U.S. after a certain period of time. In some cases, you may have to wait at least 10 years before you can file an application and pay the filing fee before being permitted to return to the U.S.
If you have been arrested for alleged “Deportable Crimes” you need the expert advice of a criminal defense attorney such as Sevens Legal Criminal Lawyers. Contact Sevens Legal Criminal Lawyers, today for a free consultation.
Criminal Defense Attorneys
3555 4th Ave.
San Diego, CA 92103
Phone: (619) 297-2800
As an expert in immigration law, particularly concerning the consequences of "Deportable Crimes" for non-citizens in the United States, I bring to the table a comprehensive understanding of the legal intricacies involved in maintaining residency and avoiding deportation. My expertise is grounded in an in-depth knowledge of the Immigration and Nationality Act (INA) and its implications for individuals with various immigration statuses, including permanent residents, visa holders, and those with green cards.
First and foremost, it's crucial to recognize that the INA provides the legal framework for the potential removal or deportation of non-citizens convicted of certain crimes. This applies regardless of the individual's time spent in the U.S., their establishment in the country, or whether they have dependent children who are U.S. citizens.
The "Deportable Crimes" category encompasses various offenses, and it is imperative for individuals to be aware of the potential consequences associated with engaging in such activities. One significant element within this category is "Crimes of moral turpitude" (CIMT), which includes serious offenses like rape, arson, and murder. Conviction of these crimes within specific time frames after admission to the U.S. can lead to deportation, with different timelines depending on immigration status.
Additionally, the concept of "Aggravated felonies" expands the scope to include offenses such as drug or firearms trafficking, murder, and rape. The severity of these crimes can result in deportation, irrespective of the time elapsed since admission to the U.S.
Controlled substances offenses in California constitute another critical aspect, where the possession, distribution, or sale of illegal drugs may lead to deportation. However, there are exceptions, such as a potential exclusion if the individual possessed 30 grams of marijuana or less for personal use.
Firearms offenses also fall under the "Deportable Crimes" category, with potential deportation for convictions related to selling, buying, owning, or carrying a firearm.
Moreover, the INA identifies crimes against the U.S. or its citizens as grounds for deportation, encompassing offenses like espionage, treason, or acts of terrorism.
For those convicted of aggravated felonies, there is a permanent bar from returning to the U.S. Other convictions may allow for reentry after a specific waiting period, which can extend up to 10 years. Seeking the counsel of a knowledgeable criminal defense attorney, such as Sevens Legal Criminal Lawyers, becomes crucial when facing allegations of "Deportable Crimes."
If you find yourself in such a situation, it is advisable to contact Sevens Legal Criminal Lawyers for expert advice and a free consultation. Their experienced criminal defense attorneys, located at 3555 4th Ave., San Diego, CA 92103, can provide the guidance needed to navigate the complexities of immigration law and protect your rights. Reach them at (619) 297-2800 to discuss your case and explore the available legal options.
