Whether an individual is subject to deportation based on the commission of a crime is an interesting and important issue. The last two blog posts addressed the legal issue of deportation for aliens that have been lawfully admitted to the United States. This week's blog addresses deportation of foreign nationals who entered the United States illegally (without inspection and admission) and have committed one or more crimes.
Generally, an alien who has not been admitetd that commits a "crime involving moral turpitude" is "inadmissible" unless (1) the crime was committed when the alien was under the age of 18 and the crime was committed more than five years before the application for admission, or (2) the maximum penalty possible for the crime for which the alien was convicted did not exceed imprisonment for one year, and if the alien was convicted, the actual sentence was for a term of imprisonment of less than six months (regardless of the extent to which the sentence was ultimately executed).
Additionally, an alien convicted of two or more offenses, regardless of whether the conviction was in a single trial or whether the offenses constitute "crimes involving moral turpitude", for which the aggregate sentences to confinement exceed five years, is inadmissible.
Other grounds of inadmissibility exist for aliens who are (1) coming to the United States to engage in prostitution or other unlawful commercialized vice, (2) violators of the Controlled Substances Act; or (3) have been convicted of multiple criminal offenses.
Knowing your rights and understanding how a criminal conviction can affect your rights is critical for foreign nationals in the United States. Christiansen Law Firm advises individuals regarding their rights and the potential immigration consequences of criminal acts. The immigration lawyers of Christiansen Law Firm have extensive experience in immigration matters and can ensure that you can maximize your probability of remaining in the United States. Contact Christiansen Law Firm for additional information or to schedule a free consultation.