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. By listing them separately, however, the law ensures that immigrants cannot attempt to defend against deportation by arguing about whether or not the conviction should count as a crime of moral turpitude or aggravated felony.
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Full Name. Email Address Phone Number Tell us a little more about your case optional. Law Offices of Randall B. Call us today! Understanding Permanent Resident Status The Immigration and Nationality Act INA grants any person with permanent resident status , also known as a green card holder, the privilege of living permanently in the United States. Deportable Offenses The U. For a free legal consultation, call Understanding Crimes of Moral Turpitude Committing a crime of moral turpitude may lead to deportation or block a person from the opportunity of becoming a U.
An immigration lawyer also can help if you or a loved one is on an immigration detainer. 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.
If you have committed an aggravated felony, you will be denied citizenship. In addition, providing false information to immigration authorities may lead to your denial of citizenship, so be sure to provide true and accurate information on all forms. Click here to see if you are eligible to apply for naturalization and to begin your application!
Cardholders who have been charged with a criminal offense should immediately consult with an immigration lawyer. Cardholders still face immigration consequences when found violating immigration or criminal law. Remember, if you are a green card holder, you must renew it every ten years prior to its expiration; however, a criminal offense may affect your card renewal. Not all criminal offenses have grounds for removal—so speak with your experienced counsel to develop strategies for effective plea bargains and how to renew your green card.
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.
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