Did you know that these crimes could affect your status in California?

Did you know that these crimes could affect your status in California?

If you need legal advice in San Diego, California, call us today at (619) 746-8879

Once you have completed your immigration journey and have acquired legal status in the United States, it is possible to fear getting removed back to your home country if you were involved in a criminal situation.

For this reason, we are sure that in San Diego, as well as anywhere else in the country, you are very careful not to involve yourself in any criminal activities. It does not matter whether you are living illegally in the US, have a visa, or a Green Card; certain crimes may lead to deportation (or as more commonly known today, removal).

When can a criminal conviction lead to removal from the U.S.?

As we just mentioned above, only certain crimes may lead to removal from the U.S. This means that some crimes do not consider this as an option for punishment. Immigration to the U.S. is a complex process, but if a violation occurs through criminal activity, the court could decide to revoke the person’s status and deport them.

Nonetheless, the courts also acknowledge that there are more severe crimes than others and that removal may be excessive in some cases.

Crimes that are more likely to lead to removal are those that are considered “Crimes of Moral Turpitude,” as described under Section 237 of the Immigrant and Nationality Act (INA).

Some of these crimes can be aggravated felonies, assault, battery, and others. In fact, a crime considered of moral turpitude could impede you from becoming a US citizen in the future.

What are crimes of moral turpitude?

Crimes of moral turpitude, also referred to as CIMT, describe offenses considered morally depraved, despicable, vile, and serious enough to severely stain the defendant’s reputation.

However, each case is always reviewed and analyzed individually, so it could occur that what is considered as moral turpitude in one situation is not considered as such in another.

Some of these crimes may be, according to Nolo:

• Murder
• Voluntary manslaughter
• Involuntary manslaughter, in some cases
• Rape
• Spousal abuse
• Child abuse
• Incest
• Kidnaping
• Robbery
• Aggravated assault
• Mayhem
• Animal fighting
• Theft
• Fraud, and
• Conspiracy, attempt, or acting as an accessory to a crime that involved moral turpitude

Nonetheless, it is important to remember that what is considered moral turpitude is subjective since there is no concrete definition of the term in the law. Some consider that the concept is “nebulous,” and in general, it refers to conduct that shocks the public conscience as being contrary to the rules on morality.

Adding to that, the person must have also had an evil intent when committing specific criminal actions. 

Here are more details about crimes that have been considered to be of moral turpitude in the past:

• Violent crimes like murder, manslaughter, assault, and battery
• Felony theft crimes that involve significant bodily injuries
• Weapon offenses such as illegal gun sales or trafficking
• Serious drug crimes, such as trafficking and distribution
• Kidnapping and human trafficking
• Sex crimes, such as rape, sexual assault, and crimes involving minors

How do moral turpitude crimes affect an immigrant status?

When a crime occurs, the courts will look if it was committed within five years of the person entering the United States or if he or she has committed two or more crimes.

However, these are not the only crimes that could get a person removed. Aggravated felonies, which are crimes that may overlap with both federal and state crimes, could also lead to removal.

How do aggravated felonies lead to a person being removed?

Aggravated felonies have a broad definition too. The American Immigration Council defines it as “a term of art used to describe a category of offenses carrying particularly harsh immigration consequences for noncitizens convicted of such crimes. Regardless of their immigration status, noncitizens who have been convicted of an ‘aggravated felony’ are prohibited from receiving most forms of relief that would spare them from removal, including asylum, and from being readmitted to the United States at any time in the future.”

Some crimes are always considered aggravated felonies, such as those that involve a sentence of more than one year, crimes that involve a loss of $10,000 for the victim, crimes of moral turpitude, and may also include:

• Fraud
• Perjury
• Forgery
• Distribution of child pornography
• Grand theft
• Bribery
• Burglary

Usually, the court will decide on removal when the crime involved violence, stalking, violating a protection order, or if there is a perceived threat to society, such as selling drugs or trafficking.

However, as we said, each case is different, and the decision on removal will depend on the nature of the defendant’s trial and if he or she had a good defense. 

A non-U.S. Citizen immigrant charged with a crime in California should contact an immigration attorney familiar with criminal law as well (“Crimmigration.”) There are many ways a lawyer can help you.

If you still don’t have a “crimmigration” lawyer in San Diego, contact Kannan Law today! We practice both immigration and criminal defense.