Waivers for Criminal Conviction as a Deportation Defense
One of the most common reasons foreign nationals are removed from the United States is because they have been convicted of a criminal offense. Although the grounds for deportation are similar to the grounds for inadmissibility due to a criminal conviction, they are narrower in scope. While there is little defense to deportation due to a conviction for an aggravated felony, that is not true for crimes of moral turpitude. Below, our Tampa immigration attorney explains more about these offenses and the waivers available for them.
What is a Crime of Moral Turpitude?
The definition of crimes of moral turpitude is more ambiguous than that of aggravated felonies. Generally speaking, these offenses involve theft, fraud, dishonesty, or the intention to harm another person. Crimes of moral turpitude then include offenses that are fairly common, such as different forms of assault, domestic violence, and DUIs that resulted in injury. It is important to consult an attorney when facing deportation due to a crime of moral turpitude, as there is no clear definition or list of specific crimes.
Convictions involving a crime of moral turpitude can result in deportation if it occurred within the first five years of admittance of the foreign national into the United States. When a person’s legal status has been adjusted to legal permanent residence it can sometimes count as admission to the United States, although that is not usually the case. Foreign nationals can also face deportation if they committed a number of crimes of moral turpitude while in the United States.
Waivers as a Defense to Deportation for Crimes of Moral Turpitude
Criminal offenses may not be classified as a crime of moral turpitude if it was a petty offense and falls within an exception. Exceptions include when the penalty for an offense was one year or less of imprisonment and the foreign national did not actually serve more than six months in prison. Theft crimes and minor assault sometimes fall within this exception.
Under the Immigration and Nationality Act, foreign nationals may be able to obtain a waiver if they do not pose a threat to national security. Lawful permanent residents must meet additional requirements to obtain a waiver. This includes holding continuous legal status for a minimum of seven years before deportation proceedings began. They also cannot have any previous convictions for aggravated felonies. If a foreign national committed a crime of moral turpitude more than 15 years before applying for a green card, an immigration judge may grant this type of waiver at their discretion.
Our Immigration Attorney in Tampa Can Advise On Your Case
Facing deportation is a very frightening experience. You may be removed from your family, have to return to your home country, and possibly even face persecution. At Florida Law Advisers, P.A., our Tampa immigration attorney can review the facts of your case and provide the legal advice you need to give you the best chance of staying in the United States. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation and to learn more about how we can help with your case.
Source:
uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act
