16 May 23

NYC Criminal Deportation Lawyers

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Last Updated on: 3rd June 2023, 09:11 pm

Dive Deep Into Deportation Laws for Immigrants in New York City

Immigration laws can be a tangled web, and it’s essential for immigrants to have a lucid understanding of the deportation laws that may profoundly impact their lives in the City That Never Sleeps. While being convicted of certain crimes can result in deportation, not all legal violations carry this heavy burden. Equip yourself with the following invaluable knowledge about the law and avoid circumstances that may lead to a heart-wrenching criminal deportation.

Crimes of Moral Turpitude: A Perilous Gateway to Deportation

An alarmingly high number of immigrants find themselves caught in the deportation trap primarily due to their involvement in “crimes of moral turpitude.” Grasp the importance of understanding what this ominous term means under the law to stay clear of its drastic consequences. While immigration laws do not explicitly define “crimes of moral turpitude,” guidelines set forth by the U.S Department of State paint a vivid picture.

In essence, any act involving fraud, larceny, or intentions to harm people or property are deemed as crimes of moral turpitude. In simpler terms, crimes related to theft or dishonesty fall into this treacherous category. Other offenses under the expansive umbrella of moral turpitude include assault with intent to rob or kill, domestic violence and abuse, and aggravated driving under the influence.

However, there is a silver lining – certain committed offenses that qualify as petty offenses, carrying penalties less than a year in prison and where the individual hasn’t served over six months, may be exempted from classification as crimes of moral turpitude. Examples of such offenses include shoplifting, simple assault, and some DUI cases if they did not involve driving without a license or causing property damage/injury.

Bear in mind that merely committing a crime doesn’t catapult you into the deportation process immediately – extenuating circumstances play a critical role in determining the fate of your immigration status. You are subject to removal/deportation if you have resided in America for five years or less, whereas two separate crimes, not arising from the same incident and unrelated to a single criminal scheme, could spell deportation.

The Dreadful Implications of Aggravated Felonies and Other Crimes

Even without committing crimes of moral turpitude, other offenses may still plunge you into deportation proceedings. Any crime deemed as an aggravated felony mandates removal from the country. The Immigration and Nationality Act at I.N.A. § 101(a)(43) houses an extensive list of such crimes, which include heinous acts such as murder, rape, drug/weapon trafficking, sexual abuse/assault of minors, and money laundering. In general, any violent crime carrying a prison sentence exceeding a year will likely be classified as an aggravated felony.

Unlike crimes of moral turpitude with certain exemptions for petty offenses, aggravated felonies offer no such reprieve. These crimes almost always lead to criminal deportation, except in rare cases where returning you to your native country would result in torture. Moreover, once deported for committing an aggravated felony, you won’t be granted waivers to return to the United States.

Other crimes that may potentially lead to deportation are listed under Section 237 of the Immigration and Naturalization Act. It’s essential to be aware that some of these acts may overlap with those classified as either “crimes of moral turpitude” or “aggravated felonies.” Some examples include the sale/possession of illegal drugs, espionage, acts of terrorism, human trafficking, and child abuse/neglect.

Essential Steps to Take When Facing Criminal Charges as an Immigrant

If you find yourself charged with a crime while being an immigrant in New York City or anywhere else in the United States, immediately reach out to an experienced attorney specializing in immigration law. A skilled legal advocate helps determine your risk level concerning deportation and adopts measures to prevent it – ensuring the safety and sanctity of your citizenship status.

NYC Criminal Deportation Lawyers

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