Understanding Criminal Grounds for Deportation in the USA
- dimartinolaw
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- May 10, 2023
Understanding Criminal Grounds for Deportation in the USA
Deportation is a serious consequence that many foreign nationals face as a result of criminal convictions in the United States. Criminal grounds for deportation are more narrowly defined than criminal grounds for inadmissibility. The two main categories of crimes that can lead to deportation are aggravated felonies and crimes involving moral turpitude. However, certain crimes can be considered independent grounds for deportation, even if they do not fit into either of these categories.
Let us take a look at what an experienced Italian immigration lawyer near me at Di Martino Law Group advises.
Aggravated Felonies
An aggravated felony is a serious crime that can lead to permanent inadmissibility and deportation. These crimes include murder, rape, sex crimes involving minors, drug trafficking, weapons trafficking, fraud involving a certain amount of money, money laundering, tax evasion, espionage, and treason. Even if a foreign national does not serve a full year in prison, a prison sentence of at least one year for theft, perjury, or any violent crime will be considered an aggravated felony. The only defense in these cases for an Italian immigration lawyer near me is showing that the foreign national would be tortured if returned to their home country.
Crimes Involving Moral Turpitude
Crimes involving moral turpitude are more ambiguous and include offenses that involve fraud, theft, dishonesty, or intent to harm others. This category can include common crimes such as domestic violence or other forms of assault, as well as DUIs that cause injuries. It’s essential to consult an attorney to determine whether a specific crime falls within this category since there is no comprehensive list of crimes involving moral turpitude.
A conviction of a crime involving moral turpitude can result in deportation if it occurs within the first five years after the foreign national’s admission to the United States. Adjustment of status to legal permanent residence sometimes counts as admission to the United States, but it generally does not. Additionally, foreign nationals may face deportation if they commit multiple crimes involving moral turpitude. Crimes that arise out of a single scheme of criminal activity do not count as multiple crimes. If a foreign national has multiple convictions for these crimes, no lookback period applies.
Exceptions and Waivers for Crimes Involving Moral Turpitude
Some crimes may not be classified as crimes of moral turpitude if they fit within an exception for petty offenses. This applies when the penalty for the crime cannot exceed one year of imprisonment and the foreign national has not served six months or more in prison. Some minor assault and theft crimes may fall under this exception.
Section 212(h) of the Immigration and Nationality Act provides the possibility of a waiver for certain foreign nationals. Who do not pose a threat to national security. To qualify for this waiver, green card holders must have held continuous legal status in the United States for at least seven years before the start of the deportation proceedings. They also must not have committed any aggravated felonies.
If a foreign national committed a crime involving moral turpitude more than 15 years before applying for a green card. The judge may grant a waiver at their discretion. The same is true if the foreign national committed a crime related to prostitution. If they qualify for a green card under VAWA based on abuse by a U.S. citizen, spouse, or parent. Foreign nationals who do not fit into any of these categories will need to prove that their deportation would result in extreme hardship to a spouse, parent, or child who is a U.S. citizen or green card holder. Foreign nationals may have a better chance of receiving a waiver. If they can demonstrate rehabilitation and that their crime was not extremely violent or malicious.
Final words
Criminal convictions can have severe consequences for foreign nationals, including deportation from the United States. As per the Italian immigration lawyer near me at Di Martino Law Group, aggravated felonies and crimes involving moral turpitude are the two main categories of crimes that can lead to deportation. However, some crimes may be classified as both aggravated felonies and crimes involving moral turpitude. For example, a conviction for sexual abuse of a minor may be both an aggravated felony and a crime involving moral turpitude. In such cases, the foreign national would be subject to deportation on both grounds.
