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Facing a criminal conviction and deportation?

A criminal conviction can significantly impact non-U.S. citizens and possibly result in deportation. As different offenses result in different consequences, it is critical that your criminal attorney be able to explain to you the possible consequences of a conviction. We must first take a close look at your case to determine a strategy moving forward.

The federal government, who is responsible for immigration laws and policies, distinguishes the consequences of criminal conduct between inadmissibility (8 U.S.C. § 1182(a)) and deportability (8 U.S.C. § 1227(a)). Generally speaking, a crime that makes a non-citizen inadmissible can prevent them from re-entering the United States if they leave the United States or can prevent them from upgrading their immigration status (i.e., become a U.S. citizen). A crime that makes a non-citizen deportable can result in deportation, even if the non-citizen entered the United States legally.

Types of Crimes That Lead to Inadmissibility

Crimes that can lead to inadmissibility, as set forth in 8 U.S.C. § 1182(a)(2), include crimes involving moral turpitude, controlled substance offenses, and multiple convictions. Crimes that can lead to deportability, as set forth in 8 U.S.C. § 1227(a)(2), include controlled substance offenses, crimes involving moral turpitude, multiple moral turpitude convictions, aggravated felonies, firearm and destructive device convictions, espionage, sabotage, treason, domestic violence, stalking, child abuse, child abandonment or neglect, failure to register as a sex offender, violating a protective order, high speed flight from an immigration checkpoint, and failure to register or falsification of documents. The phrase “moral turpitude” is not explicitly defined in the Immigration and Nationality Act so you will want to ask your attorney if the crime you're being charges with qualifies as a crime involving moral turpitude.

Types of Crimes That Lead to Deportation

Aggravated felonies are grounds for deportation under 8 U.S.C. 1227(a)(2)(A)(iii). Included in the list of aggravated felonies are murder, rape, sexual abuse of a minor, illicit trafficking in a controlled substance or drug trafficking crime, illicit trafficking in firearms or destructive devices or explosive materials, laundering of monetary instruments, explosive materials and firearms offenses, crimes of violence, theft or burglary offenses, crimes involving ransom, child pornography, racketeering and gambling offenses, prostitution and human trafficking, sabotage and treason, fraud and deceit offenses, alien smuggling, improper entry or re-entry by an alien deported for an aggravated felony, forging or counterfeiting or altering passport or similar instrument, failing to appear to serve a sentence, commercial bribery, counterfeiting, trafficking in vehicles with an altered identification number, obstruction of justice, perjury, subornation, failing to appear in court to answer a felony charge, and attempt or conspiracy to commit an aggravated felony.

It is also important to know that you can be determined inadmissible or deportable without a conviction if you have admitted to one of the above crimes or a finding is made by immigration authorities that you committed one of the above crimes.

Contact Our Law Firm Immediately

Since the consequences of a criminal case can be much worse for a non-citizen, including the possibility of deportation, it is extremely important that you speak with an experienced immigration defense lawyer at Eisner Gorin LLP at 877-781-1570 as soon as you know you are being investigated for or charged with a crime.

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