San Diego Criminal Lawyers Blog
For non-citizens living in the United States, following all laws is crucial. While it is true that the idea of incarceration and fines is upsetting to anyone, things can get much more problematic for immigrants who lack U.S. citizenship. That is because, in certain situations, criminal activity could result in deportation. The rules set out by the Immigration and Nationality Act could lead to a hasty, unplanned exit from America (or inadmissibility) for non-citizens.
Non-Citizens
There are three types of individuals, all of whom are in the country legally, but none of whom qualify for a U.S. passport, and none of whom are citizens of the United States:
- Dreamers: Undocumented individuals who entered the country as children when they were under the age of 16, who have been here for five or more years but who are under the age of 31, and who have had no serious criminal convictions and are in school, are high school graduates, GED holders, or have performed military service.
- Temporary residents: Foreign nationals and their spouses and children who are here on a work or education visa;
- Permanent residents, who have green cards and who live and work in the U.S. legally.
Problems That Could Lead to Deportation
A number of issues could result in deportation:
Compliance Failures: Discounting the requirements to comply with a change of address registration or the falsification of any documentation related to visas, permits, or entry documentation could lead to deportation.
Crimes of Moral Turpitude: Crimes of Moral Turpitude are crimes that society has deemed intolerable because they violate recognized rules of morality. Two criteria must be met in order to result in deportation:
The crime of moral turpitude was committed within five years of being admitted to the U.S. (or within ten years for someone who has permanent resident status);
The crime has a maximum criminal penalty of one year or more behind bars.
Drug Charges: Drug charges (unless there is a single charge related to having 30 grams or less of marijuana for personal use only); being an addict or user of drugs (outside this marijuana exclusion);
Firearms Charges: Using, trading, buying, selling, or carrying a firearm, device, or accessory that could be destructive and that is in violation of state or federal law;
Aggravated Felonies: Any conviction of an aggravated felony;
High-Speed Flight: Participation in a high-speed flight from an immigration checkpoint;
Domestic Violence: Violating a protective order, as well as any conviction of stalking, domestic violence, child abuse, neglect, or abandonment;
Falsely Claiming U.S. Citizenship: Falsely representing oneself as a U.S. citizen to receive a benefit;
Illegal Voting: Voting in any local, state, or federal election for a constitutional provision, regulation, ordinance, or individual;
Advocating for You
The dedicated and experienced immigration criminal defense attorneys at Boertje & Associates always fight for the best possible outcomes for you. To discuss your situation, schedule a confidential consultation in our San Diego office today.