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Each year thousands of people come into the United States from other countries. Should one of these people commit a crime or cross into the United States illegally; they may be deported. This is something that can also happen to a permanent immigrant resident. There are certain criminal offenses that enable a person to be deported. Should a person in this situation not handle it correctly, they may be removed from the United States.
No Statute Of Limitations
There is no statute of limitations when it comes to immigration law. It is possible for an immigrant to be charged with a crime from the past no matter how long ago it occurred. An immigrant may even be charged with a crime that has since became legal from the time the immigrant committed it. No matter how old the crime, it can be used as a way to detain or depart an immigrant.
Should a person who is not a United States citizen have a criminal conviction or similar circumstance; they could be deported. Should a person in this situation plead guilty or no contest; they have admitted guilt to committing the crime. In this situation, these may all handled as convictions for the purposes of deportation.
Should an immigrant plead guilty to or be convicted of a crime involving moral turpitude; they can be deported. Federal Regulations of the United States have defined this offense as being any act performed by an individual that goes against good moral values, honesty, justice as well as acts of vileness, baseness, and depravity. This could involve child abuse, rape, robbery, theft, spousal abuse, incest and more.
Being convicted of an aggravated felony can result in a criminal deportation. This type of crime includes burglary, murder, money laundering, drug trafficking, sexual abuse and more. An immigrant with a charge listed as an aggravated felony will need to speak with a criminal defense attorney as well as a criminal immigration attorney.
Detention And Deportation
This is required for many criminal offenses. In many cases, there won’t be a hearing where a judge will consider the circumstances of an immigrant’s situation prior to making a decision. A judge will need to make an order of deportation and not consider any humanitarian or mitigating circumstances. It is possible for an immigrant to be incarcerated for years and not provided the opportunity for bond. They will be required to fight their deportation from behind bars.
Violating Immigration Status
This can happen when an immigrant is found to have been found inadmissible at the time they entered the United States. It can also happen when it is established an immigrant failed to maintain resident status and had actual residency elsewhere. Should someone remain in the United State longer than permitted, or enter it without inspection; they could be found to be in violation of the Immigration and Nationality Act.
Threat To National Security
An immigrant will be subject to criminal deportation if they are found guilty of engaging in any type of activity associated with sabotage, terrorism, espionage, exportation of sensitive information, goods or technology in violation of United States law. Deportation will result when an immigrant is found guilty of engaging in any activity that threatens public safety, national security or is designed to overthrow the government using unlawful methods and more.
It is against federal law to improperly gain entry into the United States. Improper entry is defined in 8 U.S. Code Section 1325. This could consist of entering at a place not designed as a legal entry point by immigration officers. This is a place where people coming into the United States are not able to be examined by immigration officers. It is also illegal for people coming into the United States to make false or misleading statements to gain entry into the country. It is possible for an immigrant found guilty of violating 8 U.S. Code Section 1325 to be incarcerated for as long as six months and required to pay a fine. Should someone be convicted of this for a second time, they could be incarcerated for up to 24 months.
There are many times when an immigrant is facing deportation. They are going to be subject to removal proceedings because they’ve been arrested or have a criminal conviction. This is a time to speak with an experienced and knowledgeable immigration attorney. In some cases, it is also good to speak with a criminal immigration attorney. They will analyze the facts of a person’s case. An effective legal defense can then be devised for the best possible outcome.