Featured News 2013 Will a Felony Conviction Affect My Immigration Status?

Will a Felony Conviction Affect My Immigration Status?

If you are here in the United States as a legal immigrant, one of the last actions you want to be involved with is committing a felony level crime, or any crime at that. As an immigrant in the United States, your eligibility to stay here highly rests on whether the country views you as an asset or a threat to the wellbeing of society, and in most cases a felony offense means the latter. Perhaps you are here with a green card, a felony conviction may either result in your status being downgraded or perhaps terminated entirely, and if that happens that means deportation. Whatever circumstance you find yourself under, hiring an immigration attorney is absolutely crucial. You don't want just anyone protecting your rights to remain in the U.S., which is why an immigration attorney is the choice for you.

Even as a citizen of the country, crimes that are categorized as "moral turpitude" or aggravated felonies call for extreme consequences with the law, which means that those who are not natural citizens will likely experience even harsher punishments. If the crime you committed falls under these categories, it is very possible that you will be ineligible to even apply for relief from your deportation. Not only that, but you can also risk the possibility of never being able to reenter the U.S. again in your lifetime. It is important to first realize that as an immigrant, the consequences you face are not only more serious, but the categories of offenses may also differ than for those from the U.S.

For example, if you are convicted of an aggravated felony as an immigrant, some of these crimes may have been actually considered to fall under misdemeanor charges for natural born citizens. In some rare situations, you may receive an aggravated felony charge as an immigrant for a category that is not even considered to be criminal to a natural citizen. As you can likely tell, immigrant law for criminal matters vary differently than for criminal law of regular U.S. citizens, which is why if you are an immigrant accused of a crime, you want to find an immigration attorney with a specific skillset in the area of criminal defense.

When aggravated felonies were first enacted by Congress in 1988, they coined the definition to include federal drug trafficking, murder, illicit trafficking of firearms and combustible devices. However, over the years they have also added extra categories including theft crimes, simple battery, failure to appear in court, filing a fraudulent tax return as well as consensual sex as a 17 year old with a 16 year old partner. When an immigrant commits and is convicted of any of the above crimes, they are immediately qualified for deportation, though in rare circumstances Congress may specify otherwise.

The other category that qualifies an immigrant of deportation is one of moral turpitude. This means that their actions somehow were contrary to that of moral nature within a society. These include, but are not limited to: perjury, wire fraud, child abuse, tax evasion, or carrying a concealed weapon. In the event that you have been recently arrested for one of these offenses, it is crucial to your future that you contact a trusted and experienced immigration attorney who can advocate on your behalf. Whether it is a minor offense or a weighty charge, your future is at stake on many levels. Not only do you have to face the penalties of your offense, but you may lose the opportunity to ever return to America. Contact an immigration lawyer in your area today using our website!

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