When an immigrant is in the United States, they are at risk of being deported
if they commit certain crimes and if they violate U.S. immigration laws.
Even if an immigrant has obtained permanent resident status and they have
a green card, they can still get deported if they violate certain state
or federal laws.
As a general rule, an immigrant can be placed in removal proceedings if
he or she commits a “crime of moral turpitude” or if they
commit an aggravated felony. Child and spousal abuse are considered crimes
of moral turpitude and aggravated sexual assault or aggravated battery
are considered “aggravated felonies.”
Additionally, the U.S. has zero tolerance for immigrants who come to the
United States and get involved in drugs.
If an immigrant is caught possessing illegal drugs, or if they are caught
manufacturing, selling, or transporting illegal drugs, such as marijuana,
cocaine, heroin, LSD, GHB, or another controlled substance, they can be
placed in removal proceedings.
What counts as crimes of moral turpitude?
Unfortunately, U.S. immigration law has not provided a clear explanation
of “crime of moral turpitude,” however, the Department of
State has tried to offer some clarity, stating that a moral turpitude
crime generally involves the elements of larceny (theft), fraud, or the
intention to harm people or things.
Examples of crimes of moral turpitude:
Petty Offenses May Be Excluded
If an immigrant is charged with a felony offense, it may be considered
a “crime of moral turpitude” for deportation purposes. However,
many crimes may escape deportation if they are “petty offenses.”
Generally, a petty offense is a crime where the penalty does not exceed
one year, and it can also be when an immigrant spends less than six months
in prison for a crime.
If you need a deportation defense attorney in Plano or Dallas,
contact The Zendeh Del Law Firm today!