Immigration consequences if found Guilty
Most convictions have immigrations consequences if you are not a citizen of the United States; however, not every criminal conviction will result in deportation. Most convictions that cause deportation are crimes involving moral turpitude, aggravated felonies, gun offenses, and drug offenses.
Moral turpitude Defined for immigration purposes
Moral turpitude refers to conduct that cuts across the general rules of morality that are considered vile or depraved of heart. There are two statutory provisions that determine whether the crime of mortal turpitude is deportable:
(I) General Crimes: convicted of a crime or admitting to the facts involving moral turpitude committed within five years or 10 years in the case of an alien provided lawful permanent resident status under section 245(j) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed
Examples of crimes of moral turpitude include: Theft, shoplifting, assault from a domestic altercation, kidnapping, assault with a deadly weapon, aggravated assault, prostitution, forgery, possession of stolen property, and possession with intent to distribute drugs.
Examples of crimes that are not crimes of moral turpitude is simple assault and generally crimes without a specific intent.
Even if offered Diversion and no conviction it can still have deportation consequences
Even if you offered what is called a deferred prosecution agreement or probation before judgement it can still result in deportation if the facts constitute a crime of moral turpitude. Now if the diversion agreement does not require you to admit guilty such as a STET or deferred prosecution agreement it should not be deportable.
Want more information on your criminal case and the consequences of pleading or admitting guilt feel free to contact us for a free initial consultation.
Rollins and Chan Law Firm