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If you are an immigrant who has violated US laws, regardless of having a green card, you are now facing the risk of deportation. Grounds for such removal are listed in the United States Justice System legislature as a “crime of moral turpitude” or an “aggravated felony.”
Criminal convictions of that statute can get you deported; however, each state comes with its laws and regulations. If you want to learn more about the matter, the best option is to consult with a lawyer. Professional advice in such cases can hugely improve your situation and help you and your family.
What is a Crime of Moral Turpitude Under Immigration Law?
Even though they are a vital piece of legislation, “Crimes of moral turpitude” (or “CMTs”) are pretty generic and not well defined. As a result, each court and judge will have to make the final decision. Federal guidance notes that the most common elements of moral turpitude crimes include harm to others, fraud, or theft.
More severe prosecutions, like rape, assault, and drugs, can even ban you from ever reentering the country, even if you have a family there. If you ask for legal help, remember to look for someone familiar with immigration laws from your state. Attorneys can help you fight for your cause and even pave the way for how they are interpreted under federal immigration law.
Are There Exemptions?
Petty crimes, like theft or shoplifting, are enough for deportation grounds in some states since most stores have a zero-tolerance policy and will prosecute their robbers. In those cases, even small amounts can be considered a crime of moral turpitude since they damage the owner’s property.
The exemption from petty crimes can be applied only if the crime could never exceed one year of imprisonment and if the person served less than six months. Everything will depend on the state; for example, DUIs are exempt if they do not involve property damage or driving without a license.
When Does the Deportation Procedure Start?
There are two main ways your convictions can set the deportation procedure. The first one is if you committed a crime of moral turpitude in the first five years of your arrival, and second is if you have been found guilty of two or more different crimes of moral turpitude during your stay in the States.
In the first case, the date is calculated since you first crossed borders, not when you received your green card. The second case has no look-back period, so regardless of how much you stayed in the country, you can be deported if you committed two different crimes of moral turpitude in two separate incidents.
What Is an Aggravated Felony?
Under Immigration Law, crimes such as murder, rape, drug or firearms trafficking, sexual abuse of a minor, child pornography, money laundering, tax fraud of more than $10,000, sabotage, and treason are all considered aggravated felonies. If you are considered for one of these crimes, it is very unlike that you will be able to avoid deportation.
There is an exception, where you can prove to the court that you can be tortured or killed back in your home country. In such cases, you will need a skilled attorney to handle the extensive research of your condition. Contact a defense attorney no matter what you are charged for.
