What Kinds of Crime Can Result in Deportation?
Conviction for certain crimes can result in negative immigration consequences for people who live in the United States but are not full citizens. There are many crimes that can result in a person being deported from the country, barred from reentry to the United States, or denied the ability to naturalize as a citizen. If you or a loved one has been arrested for a crime and you are concerned about the immigration consequences, The Law Offices of Omar Gastelum and Associates in Los Angeles are here to help. Call or contact our office today to schedule a consultation.
Crimes of Moral Turpitude
The first set of crimes that can result in deportation upon conviction are called “crimes of moral turpitude.” This is an umbrella term that covers many different types of criminal offenses, and they vary from state to state. Generally speaking, these types of crimes involve fraud, theft, or the intent to harm either people or things. In California, crimes of moral turpitude include the following:
- Assault with a deadly weapon,
- Cultivation of marijuana,
- Grand theft auto,
- Possession for sale of controlled substances,
- Receiving stolen property, and
- Felony convictions for driving under the influence (DUI)
However, simply being convicted of a crime of moral turpitude is not necessarily enough to warrant deportation from the United States. A person is considered deportable for this type of crime if they are convicted and sentenced to a prison term of more than one year within five years of entering the United States or convicted of two crimes of moral turpitude that did not arise out of the same criminal scheme.
Aggravated Felony Crimes
The second type of criminal conviction that can result in deportation from the United States is aggravated felony crimes. Unlike crimes of moral turpitude, aggravated felony offenses are clearly defined under the Immigration and Nationality Act (INA). Aggravated felony offenses include, but are not limited to, the following:
- Child pornography,
- Drug trafficking,
- Illicit trafficking in firearms,
- Fraud crimes over $10,000,
- Money laundering,
- Sexual abuse of a minor,
- Tax evasion,
- Theft crimes, and more.
Other Deportable Crimes
There are other criminal offenses that may make a person subject to deportation in California. For example, certain drug crimes like drug manufacturing, drug transport or sale, possession of drugs for sale, or simple possession may result in deportation. However, there is an exception for the possession of marijuana so long as the amount is thirty grams or less. Firearms offenses are another category of crimes that may result in deportation. A conviction for the illegal purchase, sale, exchange, possession, use, or carrying of a firearm could result in deportation.
Call or Contact Us Now
Are you concerned about how a criminal conviction may impact your immigration status or that of a loved one? If so, the experienced and knowledgeable immigration and criminal defense lawyers at The Law Offices of Omar Gastelum and Associates are here to help. Call the office or contact us now to learn more.