If you are an immigrant – even if you hold a green card – you may be deported if you have committed a misdemeanor. However, not all misdemeanors automatically result in deportation. It is important to understand those situations when you may be in legal danger.
Generally speaking, a crime which includes “moral turpitude” is one which may trigger deportation proceedings. Because there is some subjectivity and “gray area” in defining these situations, you may wish to obtain legal assistance from an immigration attorney if you find yourself in legal jeopardy.
When Does a Misdemeanor Equal Deportation?
It is first important to understand the concept of “moral turpitude”, which is defined as a gross violation of standards of moral conduct, or an act which would shock the general public. Moral turpitude crimes cause bodily harm to a person, or deprive/defraud a person of their property. For instance, moral turpitude crimes include murder, incest, rape, physical abuse, driving under the influence of drugs or alcohol, armed robbery, kidnapping or theft.
While many misdemeanors, considered “less severe” crimes, will not involve moral turpitude, there are some that do. For instance, shoplifting, driving under the influence without harming anyone, or driving without a valid license are considered misdemeanors, but may also cross the “moral turpitude” threshold, making them deportable offenses.
Immigration law stipulates that an offense may not be legally considered a crime of moral turpitude if it is classified as a “petty offense.” The petty offense exception is applicable if the penalty does not exceed one year of imprisonment, and if any time the person actually served in prison was less than six months. It is important to note that state laws differ in regards to definitions, so it is important that you obtain qualified legal advice from a local Tampa area immigration attorney.
If you are already naturalized or a U.S. Citizen, you cannot be deported for a crime. These rules apply to those who are in some other status (i.e. green card “permanent residence”).
When is Deportation a Possibility?
There are two basic categories for deportation after the commission of a misdemeanor crime.
1) You commit a crime of moral turpitude within the first five years of your admission to the United States. To calculate your time in the U.S, begin with the date of the crime and count backwards. If you were legally admitted to the country (through any port of entry) within 5 years, you may be placed into removal proceedings.
2) There are two or more crimes of moral turpitude committed which didn’t arise out of a single instance of criminal misconduct. In this case, you are eligible for deportation no matter how much time you have spent in the United States.
These guidelines are outlined on the USCIS website.
In conclusion, there are some misdemeanors which are considered deportable offenses. The important details to know are:
- If you are a naturalized citizen, offenses are not deportable.
- There are some misdemeanors which can trigger removal proceedings, such as theft and driving without a license.
- Some misdemeanors will not cause deportation proceedings on their own, but two or more may result in removal proceedings.
If you have any questions or concerns as to your status, it is best to obtain legal representation. An immigration attorney will understand local laws, have a firm grasp on deportable offenses, and be able to help you prepare a defense should you be in danger of deportation.
The law firm of Probinsky & Cole is here to help you. We speak English, Spanish and Portuguese in order to best serve our clients.
