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. citizen 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.
