Non-Citizens Should Avoid a Criminal Conviction at All Costs
You may think you are safe in Florida once you have been approved for immigration. Don’t bank on it. Even if you have a Green Card you could face removal from the country if you are convicted of an offense.
If you are accused of a crime as a non-citizen but you have lawful permanent resident status (LPR), you could still be confronted with removal proceedings. This typically depends on the nature of the crime. There are a number of criminal convictions that could have negative consequences for anyone who is a non-citizen. These include the following:
• a crime of moral turpitude; • a felony that is considered serious.
What is considered to be for immigration purposes a crime of moral turpitude can be quite complicated. There isn’t a complete list available for these sorts of crimes. Put simply, crimes of moral turpitude involve those related to dishonesty, such as larceny and fraud and crimes that take place when the intention is to cause injury or harm another person or to property. If you participate in a plea bargain which prevents you from getting a criminal conviction, it could still have an impact on your immigration status. If you face a verdict that finds you guilty of a criminal offense there are other dispositions which could spark off an immigration impact such as:
• A plea of no contest; • Being given a punishment such as house arrest, a period in jail, or another penalty; • Admitting any facts that are sufficient to hand out a guilty verdict; • Deferred adjudication.
If you have not gained U.S. citizenship and you are facing a conviction for a crime you should make sure you have experienced criminal defense attorney Albert Quirantes at your side who will help to ensure you are not convicted of a crime you didn’t commit.
Permanent bars to citizenship based on a criminal conviction
There are some criminal convictions that do lead to being barred permanently from becoming a U.S. citizen. This includes a conviction for murder or an aggravated felony if you were convicted after November 29, 1990. The United States Citizenship and Immigration Service (USCIS) is not able to override this sort of bar. You will probably face removal from the country as soon as the USCIS finds out about your conviction. A few aggravated felony examples are rape, sexually abusing a child, child pornography, trafficking in drugs, trafficking in weapons, and a certain amount of fraud. If you assist a foreign national to enter illegally into the U.S. this act is classified as an aggravated felony. There are some exceptions which include foreign nationals such as one or both of your parents, your spouse, or your child.
The crime of theft or a crime that has involved violence is considered automatically to be an aggravated felony if you were sentenced to 12 months in prison as a minimum. Additionally, crimes involving violence which are obvious such as aggravated assault and homicide or even resisting arrest can be classified as aggravated felony.
You most likely have worked hard to enter the U.S. legally and no doubt would prefer to become a fully fledged citizen. If you are facing the possibility of a criminal conviction in Florida don’t ruin your chances of gaining citizenship but contact renowned Miami criminal defense attorney Albert Quirantes Esq. who will do his utmost to effectively defend you so removal maybe avoided. You can contact him at his law firm at 305-644-1800.
Albert Quirantes: Your Miami Criminal Defense Lawyer & DUI Lawyer
For over 30 years, Miami criminal defense attorney Albert M. Quirantes has been aggressively and zealously defending the rights of those accused of felony and misdemeanor crimesthroughout South Florida. With his dedicated team, reasonable legal fees, and a well-earned reputation for challenging prosecutors at every turn, he has protected over 8,000 clients during some of the roughest times of their lives.
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If you have been arrested and charged with a crime, please call us today at (305) 644-1800 or fill out our online form to arrange for your free, confidential initial consultation.
If you have any questions about this or any other criminal accusation, call Miami Criminal Defense Lawyer Albert Quirantes at: (305) 644-1800 or visit our homepage www.CriminalDefendant.com for a direct link to the office or a text message or a map and directions to our office.