WHAT CONVICTIONS MAKE A PERSON DEPORTABLE OR INADMISSIBLE?

what can cause deportation or denied entry into the US
Cause for deportation or denial into the United States

So this blog is only a reference regarding what can cause you to be deported or denied admission to the United States if you find yourself in the Criminal Justice System in the District of Columbia or the State of Maryland. Ultimately you should speak to your Criminal attorney regarding whether your arrest triggers this immigration issue. When you hire a criminal lawyer to handle your criminal case in the District of Columbia or Maryland he/she should know what can cause deportation or denial entry into the United States.

(1) Grounds of Deportability:

If you are currently lawfully admitted to the United States then 8 USCĀ§ 1227(a)(2), applies. Essentially, if you a commit a Crime Involving Moral Turpitude (CIMT) you can be deported if you commit any CIMT within 5 years of admission to the U.S. with possible sentence greater than 1 year. You can be deported if you commit more than one CIMT.

The following offenses will get you deported if you are lawfully admitted to the United States:

  • Any Aggravated Felony
  • Any controlled substance Offense (except for marijuana – 30 grams or less.
  • Any Firearm offense
  • Any Crime of Child Abuse, Neglect, or Abandonment
  • Any Crime of Domestic Violence (must meet the definition of “crime of violence” at 18 U.S.C. 16), Stalking Offense, or any violation of Domestic Violence Protection Order (civil or criminal)

Grounds of Inadmissibility

If you are seeking admission or an adjustment of status to the United States then 8 USCĀ§ 1182(a)(2), applies. If you commit a Crime Involving Moral Turpitude (CIMT) you may be denied entry into the United States. There is one exception to the rule for a petty offense. There will be no action taken if admit or convicted one CIMT if not punishable by greater than 1 year and actual sentence imposed of 6 months or less, including suspended time.

The following offenses will deny your entry or deny your status change if convicted or admit guilt to:

  • Any 2 or more offenses with an aggregate sentence of confinement 5 years or more.
  • Any Controlled substance (no exceptions)
  • “Reason to believe” Drug Trafficker
  • Prostitution-related offense

Without Current Lawful Status

Entered without Inspection or Overstayed on Visa
(1) Already removable, for lack of lawful status
(2) Grounds of deportabilty apply if previously lawfully admitted (i.e. on a visa)
(3) Grounds of inadmissibility apply if seeking to or may subsequently seek to adjustment lawful permanent residence
(4) Criminal bars to relief from removal are relevant if eligible for relief from removal
(5)Enforcement priorities may impact the likelihood of apprehension by immigration authorities

In Lawful Status

Lawful Permanent Resident (LPR), Asylee, Refugee, In- status Visa Holder, etc.

  • Grounds of deportability apply
  • Grounds of inadmissibility apply if returning from travel outside of U.S.
  • Criminal bars to relief from removal are relevant if already removable

Need More information call Rollins and Chan Law Firm – 202-455-5610

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