What Crimes Will Make an Immigrant Deportable?

Mar 15, 2016 | Crime of Moral Turpitude

As a Miami immigration lawyer, I always make it a point to remind my clients that all immigrants, including those with green cards, can be deported if they violate U.S. immigration laws. Below are some frequently asked questions about what kinds of crimes will make an immigrant deportable.

What’s the most common reason for an immigrant to be placed into removal proceedings (deportation)?
As a Miami immigration lawyer, the most common reason for people to be placed into removal proceedings is because there is evidence that they have been convicted of a crime.

Are there certain kinds of crimes that will make an immigration “deportable?”
Yes. If you are an immigrant,  you are at risk of being deported if you are convicted of either what is called a “crime of moral turpitude” or an “aggravated felony.” In addition, certain crimes are specifically listed as being grounds for deportation. If you have any questions in regard to this, you may want to speak with a Miami immigration lawyer.

What is a “crime of moral turpitude?”
“Crimes of moral turpitude” are not well defined in U.S. immigration law. However, the Department of State has provided guidance, noting that the most common elements of a moral turpitude crime will include “fraud, larceny, and intent to harm persons or things.” If you have any questions in regard to this, you may want to speak with a Miami immigration lawyer.

I have been convicted of a crime, and I am an immigrant. I don’t know if my crime is a “crime of moral turpitude.” What should I do?
My recommendation as a Miami immigration lawyer is to take a certified disposition of your offense (obtained from the clerk of the court where your case was heard) to a criminal or immigration attorney in order to learn whether your particular type of conviction has been found to be one.

What happens when a person is convicted of a crime of moral turpitude?
There are two different ways that committing a crime of moral turpitude will put you into removal (deportation) proceedings:

1) You commit a crime of moral turpitude during the first five years after your admission to the United States.

2) You commit two or more crimes of moral turpitude that did not arise out of a single scheme of criminal misconduct at any time after your admission to the United States.

Where can I get more information about what kinds of crimes will make me deportable?
The full list of crimes and other grounds of deportability is in Section 237 of the I.N.A. It lists things like drug crimes, illegal firearms possession or sales, espionage, domestic violence, stalking, child abuse or neglect, human trafficking, terrorist activity, and more. In some cases, the crimes on this list might also be considered crimes of moral turpitude or aggravated felonies. If you are facing removal proceedings, however, I would highly recommend that you consult with a Miami immigration lawyer to discus your options.

If you would like more information on what crimes will make an immigrant deportable, please contact Miami immigration lawyer The Law Office of Tatiane M. Silva, P.A., Esq. at (305) 895-2500 or visit our website at tmsilvalaw.com.