Who Gets Deported For Criminal Convictions?

There are a wide range of cases that can affect a person’s immigration status. These include crimes of moral turpitude, which can be crimes that involve an actor’s honesty or crimes involving extreme violence. Theft, fraud and certain domestic violence cases can also lead to losing your legal residence. Additionally, intentional violence convictions can cause a person to be deported out of the country.

When an immigration case involves a criminal issue, the criminal cases always takes priority because the criminal issues has to be resolved to determine a person’s immigration status.

Persons with student or work visas also need take any criminal conviction seriously and know that this could cause them to be deported regardless of the length of time they are allowed on their visa.

Once a person becomes a U.S. citizen, whether born here or naturalized, the risk for deportation is very low. Only in very extreme cases can is it possible for a person’s citizenship to be taken away. Naturalized citizens have the same rights as a citizen born in the country.

In the United States, even if you’re from a different country, the rights bestowed on every citizen of this country are bestowed on foreigners when they are in the country. The only difference is their conviction could affect their immigration status by deportation.

If a person is convicted of a criminal offense and their immigration status is affected, they have to serve the consequences of their sentence before deportation occurs no matter what the length of that sentence term is. There are laws that the term of incarceration can be shortened for non-US citizens. However, the sentence term must always be served before any immigration proceeding can be held.

With all of these situations it is important to talk to a lawyer who understands the complicated issues. It is imperative that a person obtains sound legal advice before going to trial or taking any plea agreement on any criminal offense. Call a lawyer who understands the issues.

By Michael Munoz

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