From Immigration Excitement to Immigration Horror… U.S. Permanent Residents and Immigration Consequences due to Criminal Conviction
Posted by: Rice
July 09, 2012
Topic: Criminal Law & Immigration
We hope this blog article will help new U.S. Permanent Residents understand and prevent against the high cost of having to defend one’s right to maintain their U.S. Green card shortly after receiving it. Likewise, this short article will outline what steps a criminal attorney, with expert immigration counsel, need take to ensure that a U.S. Permanent Resident does not become deportable or inadmissible(unable to travel overseas and be admitted back to the United States) as a result of even one criminal conviction.
For example, Mr. A became a U.S. Permanent Resident 3 years ago. Mr. A makes a bad decision and decides to shoplift in Macys and gets caught. He is charged for Grand Larceny in the 3 rd year of being a Permanent Resident. This is the only time he has ever been in trouble with the law. Can Mr. A be deported, or if he were to travel overseas could U.S. Customs Border and Patrol (“CBP”) deny him entry back in the United States?
Unfortunately, the answer is yes. Mr. A could be deported and removed if a U.S. Immigration attorney does not provide the proper guidance to the criminal attorney on how to avoid the serious immigration consequences, and recommend the “acceptable plea” for Immigration reasons.
A crime of larceny usually always involves moral turpitidue, also known as a CIMT (Crime Involving Moral Turpitude). Even if only one CIMT is committed within 5 years of admission into the United States for which a sentence of 1 year or longer may be imposed, this could cause a non U.S. Citizen to be deported or removed from the United States. To avoid these serious immigration consequences an experienced criminal attorney would need to ensure the following for Mr. A:
- Look at the total overall maximum sentence that could be applied in sentencing. It must be less than one year. It’s important to understand that even if Mr. A is sentenced to less than a year, if the offense he pleads to carries a possible sentence exceeding a year, this could cause severe immigration hardship.
- Time served. Any time served also cannot exceed 6 months, and should be less than six months ideally.
- Finally, the actual sentence imposed also needs to be less than 1 year even if all the jail time were to be suspended.
You may contact ScottMond Law Firm at [email protected] to set up a consultation. Also you may call us at our telephone number(s) conveniently listed at http://www.scottcclaw.com/. We are standing by to assist you, your family or friend who needs guidance with immigration consequences. We are a full service U.S. Immigration Law Firm.
ScottMond Law Firm