Carlo, an immigrant who had built a life in South Florida, raising a family and contributing to his community, saw his stability threatened by a criminal charge. This situation underscores the precarious nature of an immigrant's status, highlighting how legal challenges can potentially lead to devastating consequences, including the threat of deportation and permanent separation from loved ones. Unfortunately, Carlo's story is not unique.
The landscape of immigration enforcement has evolved, with shifts in policies and priorities significantly impacting non-citizens. Recent trends show a dramatic decline in the number of people deported based on criminal offenses, reflecting changes in enforcement strategies and legal complexities. Despite these shifts, the threat of deportation for criminal convictions remains a critical concern for non-citizens in Florida. Understanding which crimes are deportable offenses and can jeopardize your immigration status is essential for protecting your right to remain in the Sunshine State.
Are you facing deportation and don’t know where to turn for help? Criminal immigration lawyer Ron Chapman has represented many clients who are in the United States legally but who are not U.S. citizens and he can help you. Call him at (561) 832-4348 to schedule a meeting before you enter any sort of a plea.
In this section, we’ll break down the types of offenses that could put your right to stay in the U.S. at risk. We're starting with crimes of moral turpitude, which covers serious missteps like fraud, assault, or theft. These aren't just small mistakes; they're actions that can seriously impact your ability to live and work here. Understanding these can help you navigate the challenges and protect your future in the U.S.
Crimes of moral turpitude (CIMT) are offenses that involve acts considered morally reprehensible, depraved, or contrary to the accepted rules of morality. These crimes typically involve intent, recklessness, or malice, and can include offenses against persons, property, or government authority. The consequences of a CIMT conviction can be severe, including deportation and permanent inadmissibility to the United States. While there is no definitive list of crimes that qualify as CIMTs, courts have identified several common offenses that fall under this category:
It's important to note that the determination of whether a crime is a CIMT is based on the statutory elements of the offense, rather than the specific facts of an individual case. This means that even if the circumstances of a particular case might not seem "morally turpitudinous," the crime can still be considered a CIMT if its legal definition involves moral turpitude.
This category, first introduced in the Anti-Drug Abuse Act of 1988 and later expanded by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, includes serious crimes that carry severe immigration consequences, such as deportation and ineligibility for most forms of relief. Examples of aggravated felonies include:
Unlawful possession, use, purchase, or trafficking of firearms can lead to removal from the U.S.
With the exception of minor marijuana possession, controlled substance offenses are deportable.
Convictions related to domestic violence, stalking, kidnapping, or violating protection orders against family members can result in deportation.
A conviction for a deportable offense can lead to detention, removal proceedings, and separation from your family and life in the United States. However, depending on your situation, defenses and relief options may be available.
Cancellation of removal might be possible if you have held lawful permanent resident status for at least five years and can demonstrate good moral character. In some cases, a waiver may be granted if you can prove that your removal would cause extreme hardship for your U.S. citizen or permanent resident family members.
If you or a loved one has been charged with a crime in Florida, it's crucial to understand the steps that can help protect your immigration status:
Q: What crimes are considered deportable offenses?
A: Deportable offenses include, but are not limited to, aggravated felonies, crimes of moral turpitude, gun crimes, drug offenses, and domestic violence crimes.
Q: Can a misdemeanor affect my immigration status?
A: Yes, even misdemeanors can be considered crimes of moral turpitude or aggravated felonies depending on the circumstances, potentially affecting your immigration status.
Q: What is a Crime of Moral Turpitude (CIMT)?
A: CIMTs are offenses that involve conduct deemed reprehensible by societal standards, such as fraud, theft, and certain acts of violence. The determination of what constitutes a CIMT can be complex and varies by case.
Q: What options might be available if I’m facing deportation due to a criminal conviction?
A: Options may include cancellation of removal, asylum (in rare cases), adjustment of status, or waivers based on hardship to U.S. citizens or lawful permanent resident family members. The availability of these options depends on your specific circumstances.
Q: How does a conviction affect my chance of becoming a U.S. citizen?
A: Certain convictions, especially those classified as aggravated felonies or CIMTs, can bar you from naturalization or lead to the revocation of your lawful permanent resident status.
If you are facing criminal charges or have been convicted of a crime that could lead to deportation, it’s essential to consult with an experienced immigration attorney. No need to waste precious time searching online for a “criminal immigration lawyer near me.” Ron Chapman, a skilled immigration criminal defense attorney, has a proven track record of success in complex deportation cases. Call him at (561) 832-4348 to schedule a consultation and explore your options. He will thoroughly analyze your case, explain your options, and fight for the best possible outcome. Ron also provides legal services in English and Spanish, so you won’t have any trouble communicating with him.
Don't let a criminal conviction shatter your American dream. Seek legal guidance to protect your rights and your future in the United States.
Copyright © 2024. Ronald S. Chapman, P.A. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Ronald S. Chapman, P.A.
400 Clematis St., Suite 206
West Palm Beach, FL 33401
(561) 832-4348
https://justiceflorida.com/
Call Now: (561) 832-4348
We respect your privacy. The information you provide will be used to answer your questions or to schedule an appointment if requested.
The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.