What is a Deportable Offense?
Either directly or indirectly, almost any misdemeanor or felony could be a deportable offense. Aggravated felonies and CIMTs (crimes involving moral turpitude) usually prompt immediate deportation proceedings. More on that below. Furthermore, at a later status adjustment hearing, any criminal record is a black mark that could make the difference between a permanent status and temporary status. More on that below was well.
Judges aren’t legally required to warn noncitizens about the immigration consequences of a guilty plea or finding of guilt. Additionally, many lawyers are unaware of the full immigration consequences. Only an experienced Tampa criminal defense attorney fully advises noncitizens of their rights and responsibilities. Furthermore, only an experienced lawyer reduces these consequences, so the punishment fits the crime.
Deportable Offenses
If a nonresident is convicted of an aggravated felony or a CIMT, the government usually places an immigration hold on the nonresident, or arrests him/her, and then begins immediate deportation proceedings.
A “conviction” in this context includes deferred disposition, even though the judge doesn’t enter a finding of guilt and, in most cases, the judge dismisses the case after the period of probation expires.
Further complicating matters for a Tampa criminal defense lawyer, the list of aggravated felonies is not set in stone. This list usually includes all violent felonies, including aggravated assault, as well as most sex crimes, espionage matters, and fraud cases (if the amount in controversy exceeds a certain level).
Similarly, there’s no precise definition of a CIMT. Colloquially, a CIMT is any offense involving fraud or dishonesty, or one that shocks the conscience. This list generally includes misdemeanors like:
- Drug crimes,
- Domestic violence,
- DUI (in some cases),
- Prostitution,
- Fraud, and
- Weapons offenses.
Aggravated felonies are always deportable offenses. No ifs, ands, or buts. Misdemeanors are deportable if the defendant committed a CIMT within five years of admission, or two CIMTs at any time after admission.
Misdemeanors may be subject to the petty crime exception. This exception usually applies if the maximum range of punishment is less than six months in jail, and the defendant served less than six months in jail.
Reducing a felony to a misdemeanor, like reducing aggravated assault to ordinary assault (not domestic violence assault) is usually the best strategy in these cases.
Status Adjustment Offenses
Any felony or misdemeanor could affect a subsequent status adjustment application. Basically, immigration authorities only grant these petitions to immigrants who prove they’re law-abiding, contributing members of society. A criminal record undercuts that position.
Furthermore, there is no lookback period and, for immigration purposes, criminal convictions never fall off permanent records. This point is also important to remember in other non-criminal proceedings, such as family law matters. An old domestic violence conviction could seriously compromise, or even completely derail, a child custody or similar petition.
The good news is that mitigating circumstances are admissible in these matters. USCIS officers, like Tampa criminal defense lawyers and all other people, usually love a good comeback story. Before-and-after stories are often effective (e.g. I used to have a substance abuse problem but now I’m clean).
Rely on a Thorough Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Convenient payment plans are available.
Source:
uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227&num=0&edition=prelim
