Unlike with a single crime of moral turpitude, once you commit two crimes of moral turpitude not arising from the same scheme of criminal misconduct, you can be deported no matter how much time has passed since your last entry "admission" to the United States.
There is no five-year "look-back" period. There are a few situations in which you may be able to ask to apply or reapply for a green card as a defense to deportation along with a " h waiver " despite having committed a crime of moral turpitude. A "waiver" is a form of legal forgiveness. To qualify for a h waiver, you cannot be a threat to national security. In addition, if you are a green card holder, you must never have committed an aggravated felony, and you must have lived within the U.
The aggravated felony bar and the seven-year rule do not apply if you are not a green card holder. If your crime was related to prostitution, or was committed more than 15 years before you applied to adjust or re-adjust your status to permanent resident, all you need is for the judge to decide you deserve the waiver.
Likewise, if you qualify for adjustment or re-adjustment of status to permanent resident under the Violence Against Women Act VAWA because you suffered physical or emotional abuse at the hands of a U. Otherwise, you can get a h waiver only if you can show that your deportation would cause extreme hardship to your U. Ultimately, your success in obtaining a h waiver will depend on the level of violence involved in any crimes committed, proof of rehabilitation, and other factors showing that you deserve a second chance.
The full list of crimes that are considered aggravated felonies under immigration law which is different from criminal law is extensive and may be found in the Immigration and Nationality Act at I. If you were convicted of an aggravated felony at any time, there will be little you can do to avoid deportation, unless you can prove it is more likely than not that you would be tortured in your native country upon return. A waiver to return to the U. You should obtain competent counsel who can help you avoid an aggravated felony conviction that will permanently render you inadmissible to the United States.
The full list of crimes and other grounds of deportability is in Section of the I. It lists things like drug crimes, illegal firearms possession or sales, espionage, domestic violence, stalking, child abuse or neglect, human trafficking, terrorist activity, and more.
In some cases, the crimes on this list might also be considered crimes of moral turpitude or aggravated felonies. You can also be removed for being a drug abuser or addict even if you do not have a conviction. For certain drug crimes, you may still have a defense to deportation.
Crime of Moral Turpitude. You can be deported for one crime of moral turpitude committed within 5 years of admission into the U. Your actual sentence or your time served does not matter. You can also be removed for 2 crimes of moral turpitude committed at any time unless they were in a "single scheme of criminal misconduct. The immigration law does not define crimes of moral turpitude, but the courts have.
Crimes of moral turpitude usually include theft, murder, voluntary manslaughter, and crimes involving vileness, such as rape or certain other sexual crimes.
Driving Under the Influence and Simple Assault are usually not crimes of moral turpitude. If Immigration is trying to remove you for a crime of moral turpitude, tell the Immigration Judge that you do not know whether it is a crime of moral turpitude, and ask for time to find a lawyer to help you. You may also have a defense to deportation. Firearms Conviction. You can be deported for a firearms conviction, such as unlawful possession of a gun. You may have a defense to deportation.
Crime of Domestic Violence. You can be deported for conviction of domestic violence, stalking, child abuse, child neglect or abandonment, or for violation of a protection order. You may have a defense. Other Criminal Activity. Other criminal convictions may also lead to your deportation, such as espionage, sabotage, or treason, 8 U. If you are convicted of a crime of moral turpitude during your first five years in the United States, you may be deported.
If you are convicted of two or more crimes of moral turpitude at any point during your time in the United States, that may also serve as grounds for deportation. Note that these rules apply even if you have a green card. In addition to crimes of moral turpitude, you may also be deported for conviction of a misdemeanor or felony that involves child abuse, domestic violence, drugs, or firearms.
If you are convicted of a crime of moral turpitude that would result in less than one year of imprisonment, and if you actually serve less than 6 months of the prison term, the crime is classified as a petty offense. When it comes to crimes that lead to deportation, committing an aggravated felony is a sure way to prompt ICE to initiate removal proceedings. ICE has openly stated that its primary mission is to remove dangerous individuals who are a threat to society, and conviction of an aggravated felony is a high priority for the agency.
Under the Immigration and Nationality Act , any non-citizen who has been convicted of an aggravated felony is statutorily barred from obtaining US citizenship. Furthermore, a non-citizen who has been convicted of an aggravated felony is statutorily barred from receiving a visa to the United States, and he or she is to be arrested and placed in removal proceedings if found within the country.
Seek immigration counsel immediately. Undocumented immigrants with convictions on their record are not necessarily guaranteed to be deported. The federal government must have grounds to begin the removal process of a foreign national. For instance, the severity of the offense committed is a substantial factor on whether the individual has the possibility to avoid being removed from the country. The definition of crimes of moral turpitude is not black and white—these crimes stem from long precedent but are also ever-evolving with time.
The state in which the crime was committed may be a substantial factor, too. According to the INA, crimes of moral turpitude generally involve the element of purpose or intent to harm persons or things.
Obtain a lawyer to research the particular crime you are convicted of in order to assess whether you are at higher risk of facing deportation proceedings. In order to avoid any risk of removal, your number one priority is to protect yourself! Do this in two ways: 1 Be good; and 2 Get your citizenship.
The federal government needs to show grounds for deportation of an individual. Obey immigration laws and avoid any criminal conduct. If you are facing any criminal charge, the court must identify whether you are a US citizen or non-citizen. If you are an undocumented immigrant or a foreign national with a criminal conviction, your case will be brought to the attention of immigration authorities and the Department of Homeland Security will commence the removal process.
It is critical to naturalize as soon as you can. Once you are granted your US citizenship, the stress and worry of removal will cease. However, there are many requirements you must meet in order to become a US citizen. General requirements include: demonstrating your physical presence and continuous residence within the US for a required period of time and displaying good moral character for a required period of time.
When applying for citizenship, you will also be required to give your criminal offense history. Keep in mind, there are certain factors that may prevent you from being eligible for naturalization.
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