Being charged with a crime can be incredibly stressful and overwhelming, regardless of your immigration status. However, the consequences can be much more serious for immigrants than for U.S. citizens.
The impact of criminal charges on Palm Bay deportation cases can be significant. Working with a seasoned deportation defense attorney can be essential if you are charged with a crime as a visa holder or green card holder.
Criminal charges often form the basis of a deportation case. Being convicted of a serious crime is one of the only reasons a permanent resident can be deported. Those with visas or other immigration statuses can be deported if they are charged with a crime, even if they have not been convicted. They can also be removed from the U.S. for other reasons—like violating their visa conditions. Criminal charges can prevent those who are planning to move to the U.S. in the future from entering the country, and they can prevent those who leave from legally returning.
There are two main categories of crime that can cause an immigrant to be deported: crimes involving moral turpitude and aggravated felonies.
Crimes involving moral turpitude (CIMTs) are not defined very clearly, but immigration courts have included theft, fraud, intentionally harming people, or purposefully destroying property in this category. This can include domestic abuse, robbery, driving under the influence, and many other crimes.
Because the definition of CIMT is so vague, an attorney may be able to argue that certain charges should not affect the person’s green card. If an immigrant has been in the U.S. for a longer period, they might not be deportable depending on the timing of the CIMT. Crimes involving moral turpitude may make a noncitizen deportable if the crime is committed within five years after the person’s last admission into the U.S. and carries a potential sentence of one year or more. For example, if an immigrant has lived in the U.S. for seven years and committed a CIMT during their seventh year in the country, they might not be deportable. Noncitizens may also be deportable if they were convicted of two or more CIMTs since admission into the U.S.
Some aggravated felonies include violent crimes like murder, robbery, and rape; financial crimes like fraud or tax evasion, and crimes against the U.S. like espionage or treason. Conviction of an aggravated felony brings about the most severe punishment under immigration laws for noncitizens. Unlike with CIMTs, there are no time limits for aggravated felonies in determining deportability. Committing this type of crime bars eligibility for almost any kind of relief and can lead to deportation regardless of how long the person has been in the U.S. There are also other types of crimes that can start a deportation case if convicted. These include drug and firearm offenses, domestic violence, and child abuse.
A Palm Bay attorney could discuss your criminal charges and whether they will affect your deportation case.
The impact of criminal charges on Palm Bay deportation cases can be both serious and complicated. Some charges may make the noncitizen deportable, but details about the timing and the type of crime can help or hurt your defense. A lawyer from our firm could help you understand how your criminal charges may affect your immigration status and discuss a potential defense strategy. Schedule an appointment with Jag Law, PLLC, today.