Many immigrants may feel that they are safe from deportation if they have received green cards. However, this is not the case – every year, immigrants are committing crimes that send them right back to the countries they came here from. However, these immigrants must be convicted of a “crime of moral turpitude” or an “aggravated felony.” Here is what these different crimes mean:
- Moral Turpitude: These include crimes that are fraudulent in nature as well as cause harm to people. However, if a crime is known as a petty offense, it could very well escape classification as a crime of moral turpitude. You could be deported for these crimes if you commit it during the first five years after your admission to the United States or you commit two or more crimes that did not arise out of a single scheme of criminal misconduct at any time after your admission to the United States. However, even if convicted, you may be able to qualify for something known as a 212(h) waiver that helps you reapply for a green card after a crime took place. However, to apply, you must not be a threat to national security or have committed an aggravated felony if you are a green card holder.
- Aggravated Felony: There are many crimes that could be considered an aggravated felony, such as rape or sexual abuse of a minor. If you have been convicted of this, there is not much you can do to avoid deportation. However, you may be able to prove that it is more likely than not that you would be tortured in your native country when you return. You should try to avoid obtaining a felony at all costs.
Story of Deportation
A woman named Marion Scholz understands deportation too well, like many people now living in the states. The 51-year-old woman had a drug problem and was convicted for misdemeanor possession charges in 1993 and 2005 as well as vandalism and a few probation violations. However, like many people deported from the place they grew up, Scholz thought this was harsh punishment to be taken away from her family for a long time to come. The truth is, many of these deported immigrants were not convicted for violent crimes. According to data, drug offenses are one of the most serious convictions in roughly 266,000 deportations taking place between 2007 and 2012. Many ask, are the guidelines and punishments too harsh?
Other Reasons For Deportation
- In the five years of the date of U.S. entry, the immigrant knowingly helped smuggle any other alien trying to enter the U.S.
- The immigrant committed marriage fraud.
- The immigrant has been a drug abuser or addict. The person’s own confession to drug abuse or evidence from a medical report could be enough for deportation.
- They have violates a protective order stopping them from violence, repeated harassment, or bodily injury.
- They engaged in terroristic activity or is a representative of a terrorist organization that endorses these activities.
There are many other crimes that could signal deportation measures for an immigrant. Unfortunately, the laws regarding deportation are none too light on somebody who breaks the law in the United States. This is why it is always a good idea to have a lawyer on your side if you believe you have breached any of these laws and could be facing deportation. Know your rights and have your questions answered today – Call The Law Office of Peter Blair for more information!