Understanding U.S. immigration issues involves grasping the consequences of criminal convictions. Green card holders can face deportation for violations. This article examines how crimes like ‘moral turpitude’ and ‘aggravated felonies’ lead to deportation. It also discusses how these convictions impact an immigrant’s ability to stay in the U.S. and explores possible remedies.
Crimes of Moral Turpitude and Their Impact
CMTs have major consequences for immigrants. While U.S. immigration law doesn’t explicitly define CMTs, courts recognize their traits, like fraud, deceit, and malicious intent. Examples include crimes of dishonesty, theft, robbery, spousal abuse, or aggravated DUI. However, to avoid confusion, the reader should know that various crimes are considered to be CMTs and the distinction made may depend on specific circumstances. Accordingly, it would be wise to seek legal advice from the immigration attorney to ascertain that the specified discipline equates to a CMT.
Post-Conviction Measures and Their Impact
Foreigners battling criminal convictions might be lost in trying to understand if the expunction of the conviction or a reduced sentence can help reverse or reduce the magnitude of a conviction as far as immigration processes are concerned. However, these state-level policies sometimes can conflict with federal immigration law.
In 2019, Attorney General Barr said that state-court orders modifying criminal sentences generally don’t affect immigration law unless they involve procedural or substantive flaws. Orders based on factors like rehabilitation or potential hardship in the home country are not recognized under U.S. immigration law.
Petty Offense Exception: A Possible Lifeline
The “petty offense exception” under Immigration Law can prevent a crime from being classified as a CMT, helping immigrants avoid deportation. To qualify, the crime must have a maximum imprisonment term of one year and a sentence of six months or less. Examples of crimes that might fall under the petty offense exception include shoplifting, simple assault, or DUI charges without a damaged car. However, the exception’s applicability can vary by state laws.
Deportation for Crimes of Moral Turpitude
Immigrants can face deportation for crimes of moral turpitude under specific circumstances:
- If someone commits a CMT within five years of entering the U.S., they can face deportation. However, if more than five years have passed, they cannot be deported for this reason.
- Multiple CMT convictions: An immigrant convicted of 2 or more CMTs, not from the same criminal conduct may face deportation. The provision does not include a five-year look-back period, so eligibility remains unaffected by receiving a payment or benefit within five years.
Exploring Relief Options
Immigrants with certain convictions can still face deportation, but they have legal remedies. One option is the “212(h) waiver,” which acts as a legal pardon. To qualify, applicants must not pose a security threat, must not have committed an aggravated felony, and must have lived in the U.S. for five years before deportation proceedings.
You may receive a waiver for prostitution if the crime occurred 15 years ago or more and resulted from abuse under VAWA by a U.S. citizen or permanent resident spouse or parent. You might also get a waiver if deportation would cause extreme hardship to U.S. citizens or LPR family members.
Securing a 212(h) waiver depends on factors such as the nature of the crimes committed, the evidence showing your reformative efforts, and other circumstances demonstrating your qualification for the waiver.
Understanding Aggravated Felonies
Aggravated felonies, such as murder, rape, trafficking, and fraud, carry severe immigration consequences. Under the Immigration and Nationality Act, these felonies typically involve a minimum 5-year prison sentence or cross-state crimes. Immigrants convicted of aggravated felonies face a high risk of deportation and generally lose their right to re-enter the U.S. However, asylum seekers may return if they face torture in their home country.
Other Deportable Crimes
Section 237 of the Immigration and Nationality Act covers all offenses that can lead to deportation, including drug offenses, illegal firearm possession, espionage, domestic violence, stalking, child abuse, human trafficking, and terrorism. Banks may also consider different crimes, such as CMTs or aggravated felonies, as separate grounds for deportation.
In conclusion, understanding the impact of criminal convictions on immigration status is vital for all immigrants, including green card holders. Knowing about relief options like 212(h) waivers and understanding the differences between deportable crimes can significantly help in navigating immigration and criminal law. Consulting with an experienced immigration attorney ensures accurate, case-specific guidance.
How do drug offenses impact the immigration status of green card holders
Drug offenses can have severe implications for green card holders in the U.S., affecting their immigration status and potentially leading to deportation. Here’s a detailed overview of how these offenses impact lawful permanent residents (LPRs).
Inadmissibility and Deportability
- Controlled Substance Violations:
- Any conviction related to illegal drugs can render a green card holder inadmissible, meaning they may be barred from re-entering the U.S. or adjusting their status. This includes convictions for possession, distribution, or trafficking of controlled substances.
- Aggravated Felonies:
- Many drug offenses qualify as aggravated felonies under U.S. immigration law, which leads to mandatory deportation without the possibility of relief. This classification can include serious drug trafficking crimes and, in some cases, even lesser offenses depending on the circumstances.
- Crimes Involving Moral Turpitude (CIMT):
- Certain drug-related offenses may also be considered crimes involving moral turpitude, which can affect both admissibility and deportability. This includes trafficking or selling drugs, which is viewed as morally reprehensible.
Specific Consequences for Green Card Holders
- Deportation Proceedings: A drug conviction can trigger removal proceedings, where Immigration and Customs Enforcement (ICE) may initiate deportation based on the conviction alone, regardless of the severity of the crime.
- Loss of Immigration Benefits: Drug convictions can jeopardize pending applications for immigration benefits such as citizenship or family-based petitions. Even minor drug offenses can complicate applications and lead to denials.
- Limited Waivers: The only exception to the harsh consequences of drug convictions is for a first-time offense involving simple possession of 30 grams or less of marijuana for personal use. Even then, a waiver must be applied for, and approval is not guaranteed.
- Impact on Naturalization: Drug offenses can also affect eligibility for naturalization. A conviction may demonstrate a lack of good moral character, which is a requirement for becoming a U.S. citizen.
Legal Considerations
Given these serious implications, it is crucial for green card holders facing drug charges to seek legal counsel specializing in both criminal and immigration law. An attorney can help navigate the complexities of the situation and explore potential defenses or relief options.
What are the consequences of lying on an immigration application
Lying on an immigration application can lead to severe and lasting consequences for individuals seeking to enter or remain in the United States. Here are the key ramifications of such actions:
Consequences of Lying on Immigration Applications
- Permanent Inadmissibility:
- Individuals who commit willful misrepresentation of a material fact may face permanent inadmissibility, meaning they will be barred from receiving any type of visa or green card in the future without an approved waiver, which is difficult to obtain.
- Deportation:
- If a lie is discovered after a visa or green card has been granted, the individual can be deported based on their inadmissibility at the time of admission. This applies even if the individual has been living in the U.S. for years.
- Criminal Charges:
- Intentionally lying on immigration forms or to immigration officials can be classified as a felony, leading to potential fines and imprisonment.
- Loss of Credibility:
- Any misrepresentation can severely damage an applicant’s credibility with immigration authorities. This loss of trust can affect not only the current application but also future applications, as officials may view all subsequent claims with skepticism.
- Impact on Future Applications:
- Once caught in a lie, individuals may find it significantly harder to obtain any future immigration benefits. Their applications will likely undergo more scrutiny, and they may face additional barriers in proving their eligibility.
- Waiver Limitations:
- While there are waivers available for certain grounds of inadmissibility, those who lie about material facts generally have limited options for relief. Waivers are typically only granted under specific circumstances and often require substantial justification.
- Implications for Naturalization:
- Lying during the naturalization process can also lead to denial of citizenship applications based on a lack of good moral character, which is assessed based on honesty and integrity throughout the immigration process.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for Asylum, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
