Crime & Immigration
Do I have options?
Part I
What happens if a person is inadmissible or deportable because of the commission of crime? Is the person out of luck? It depends. Sometimes the person will be out of luck and unable to enter or remain in the US. But other times, the person might have a relief available that will allow them to enter or remain in the US. This week we will discuss two relief options available for someone that has committed a crime and is inadmissible or deportable from the US. Next week, we will discuss 2 other relief options.
Relief Option: Adjustment of Status
- Adjustment of status is the process in which someone becomes a lawful permanent resident while in the US.
- If the crime is a ground of deportability, the adjustment of status may act as a waiver of this ground.
- If the crime is a ground of inadmissibility, the adjustment of status will not act as a waiver pf this ground and the person will not be able to adjust status
- All negative information, arrest records, and other criminal activity, must have been revealed to the immigration officer for their consideration at the time the person applied for adjustment of status
- The officer in their discretion may decide that the person is able to adjust status to that of a lawful permanent resident.
Relief Option: Waivers under INA §212(h)
Waivers under INA §212(h) are used to “forgive” grounds of inadmissibility for crimes involving moral turpitude, prostitution, crimes that were not prosecuted because of immunity, and single offenses for simple possession of 30 grams or less of marijuana.
There are three different scenarios in which the waiver may apply:
1. The 15-year waiver is available to waive inadmissibility due to prostitution type offenses or crimes involving moral turpitude that occurred more than 15 years before the application for a visa, admission, or adjustment of status. The individual must show that they are not a danger to the community and have been rehabilitated.
2. The extreme hardship waiver requires a qualifying relative who is the US citizen or lawful permanent resident spouse, parent, son, or daughter of the applicant. The person will need to show that the qualifying relative will suffer extreme hardship if the application is not granted and the person is removed.
3. The battered spouse or child waiver requires that the spouse causing the damage be a US citizen or lawful permanent resident. this waiver does not require a qualifying relative or the showing of extreme hardship.
The granting of these waivers is discretionary and the person may meet all the requirements in paper but still be denied by the immigration officer as an exercise of their discretion.
Any person that has been convicted of, admitted to, or is known to have committed a crime that could make them inadmissible or deportable, should meet with an attorney to determine if there is any relief available to the person.
If you have questions about your immigration case, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Group. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
Crime & Immigration
Other Crimes: Deportable
In addition to convictions for the commission of crimes involving moral turpitude or aggravated felonies, convictions for the commission of any of the following crimes can make someone deportable from the US:
1. High speed flight from an immigration checkpoint
2. Failing to register as a sex offender
3. Violating any controlled substance law, except for simple possession for one’s own use of 30 grams or less of marijuana
4. Firearms violation
5. Domestic violence offense, stalking, child abandonment, child abuse, or child neglect
6. Any alien convicted of visa or passport fraud
In addition, a person involved in alien smuggling is deportable regardless of whether there is a conviction or not. Smuggling must have occurred prior to or at the time of the person’s entry or within 5 years of they entered.
Each crime in the above list is carefully defined by immigration law and court opinions, therefore to determine whether a crime that sounds like one of the above will cause someone to be deportable from the US requires a careful analysis of immigration law, criminal law, and court opinions. It is very important that anyone that has been convicted of having committed a crime meet with an experienced attorney to discuss their options.
If you have questions about your immigration case, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Group. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
Crime & Immigration
Crimes Involving Moral Turpitude: Deportable
A few weeks ago, in a prior blog, I mentioned that a conviction for or an admission to having committed a crime involving moral turpitude (CIMT) makes a person inadmissible to the US. Today, we look at the instances in which a CIMT will make a person deportable from the US after they have already been admitted. (CIMT definition)
There are two different instances in which CIMT’s will make someone deportable. In the first instance, the person has to have been convicted of committing a CIMT within 5 years after the date of admission and the crime must be one for which a sentence of one year or longer may be imposed. Keep in mind that it is not necessary for the person to actually be sentenced to one year or longer for the conviction of the CIMT to make the person deportable.
In addition, any person that has been convicted of 2 or more crimes involving moral turpitude is deportable.
Notice, that an admission to the commission of a CIMT will not make the person deportable.
Let’s consider the following situations:
Maria entered the US as a lawful permanent resident in 2003. In 2009, she was convicted of committing a CIMT in 2007. The crime she was convicted of had a maximum sentence of 5 years. As a result of a plea deal, Maria was sentenced to 6 months in prison. Maria is deportable.
Esteban is a lawful permanent resident. In 2003, he was convicted of committing a CIMT. Ten years later, Esteban was convicted of committing a CIMT. Esteban is deportable.
Determining whether a crime is a CIMT and will make someone deportable from the US requires a careful analysis of immigration law, criminal law, and court opinions. It is very important that anyone that has been convicted of committing a crime meet with an experienced attorney to discuss their options.
If you have questions about your immigration case, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Group. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
Crime & Immigration
Ground of Inadmissibility: CIMT
Any person that is convicted of or admits to committing a crime involving moral turpitude (CIMT) is not admissible to the US. Immigration laws define a CIMT as (1) an act that is inherently evil or wrong by any society’s standard, or (2) conduct that is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between person or to society in general.
If you are confused, you are not alone. Here are a few things you should keep in mind when trying to figure out if a crime is a CIMT:
- Knowledge is usually a required element of the crime
- Specific intent is usually a required element of the crime
- An element of conscious disregard of a substantial and unjustifiable risk may make a crime a CIMT
- A crime’s classification as a misdemeanor or felony or the sentence imposed do not determine whether a crime involves moral turpitude
The following are examples of crimes that have been determined to be CIMT’s:
- Theft offenses, if they involve a permanent taking
- Crimes that have fraud as an element
- False statements made with the specific intent to deceive
- Murder and attempted murder
- Assault with a deadly weapon
- Possession of child pornography
- Trafficking in a controlled substance
Determining whether a crime is a CIMT requires a careful analysis of immigration law, criminal law, and court opinions. It is very important that anyone that has been charged or convicted, or has admitted to committing, a crime that could potentially be a CIMT, meet with an experienced attorney to discuss their options.
If you have questions about your immigration case, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Group. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
Crime & Immigration
What does it mean to be removable?
Any person that is not a US citizen can be subject to removal from the US if they are found to be inadmissible or deportable.
Who is inadmissible?
Any person seeking admission to the US that is not allowed to because it is determined that one or more ground of inadmissibility applies is inadmissible. Sometimes this includes lawful permanent residents or green card holders.
Grounds of inadmissibility cover the following areas: Health, criminal, national security, immigration violations, and economic.
Who is deportable?
Any individual that was inspected and admitted to the US but that is now removable due to one or more grounds of deportability. This includes lawful permanent residents or green card holders.
Grounds of deportability cover the following areas: Persons that should not have been admitted to the US, immigration status violations, economic, national security/political, unlawful voting, and criminal.
Let’s consider two different scenarios:
Javier is a national of Chile and is traveling to the US with a tourist visa. At the airport in Orlando, the Customs and Border Protection officer finds out that Javier has a criminal conviction for trafficking in a controlled substance. Javier’s conviction is a ground of inadmissibility and he is denied admission to the US. Javier returns to Chile on the next available flight.
Armando, a lawful permanent resident, is conviction for attempted murder and sentenced to 10 years in state prison. Armando’s conviction is a ground of deportability and he will be placed in removal proceedings.
During this series, we will focus on the criminal grounds of inadmissibility and deportability, but keep in mind that there are many other reasons why someone would be denied admission to the US or would be deported after being granted admission.
Video: What does it mean to be removable?
If you have questions about your immigration case, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Group. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
