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, APC. Contact Sevens Legal, APC, today for a free consultation.
Criminal Defense Attorneys
3555 4th Ave.
San Diego, CA 92103
Phone: (619) 297-2800