The last thing anyone residing in another on a visa or a green card would want is to get caught up in a felony charge. The immigration authorities may downgrade your status by pegging it to a felony or non-felony conviction. This will depend on the type of offense committed, the facts surrounding the case among others. In worst case scenarios, you are deported.
However, any non-citizen convicted of aggravated felonies are subjected to harsh penalties. According to the federal law, foreign nationals who qualify as national security threats or demonstrate prior medical related issues that can pose a danger to the public are barred from entering the country. Alternatively, any non-citizen convicted of moral turpitude crimes are ineligible for deportation relief.
When can get you banned from entering a country?
- Aggravated felony – In immigration terms, aggravated felony covers offenses which might be taken for misdemeanors in federal or state courts. In worst case scenarios, one may even be criminalized. Aggravated felony laws enacted in 1988 were limited to drug trafficking, murder and illicit firearms and incendiary devices. To date several other offenses have made a list, they are; theft, battery, absconding court, and consensual sex with minors.
- Moral turpitude crimes – These crimes touch on acts that violate the standards acceptable in the community. Here are some of the moral turpitude crimes; tax evasion, perjury, child abuse, wire fraud and carrying concealed firearms.
So, what are the consequences of felony convictions as per the immigration authorities? Foreign nationals committing such an offense does not result in automatic deportation. There are several factors considered by the immigration authorities. Some of the main consequences are:
Legal permanent resident
Subject to deportation an individual may be detained during the proceedings. If the individual enters the country again without permission, they can be imprisoned for 20 years. The individual might also be barred from becoming a naturalized citizen.
Any refugee without the legal permanent resident status can be deported after a criminal conviction. This also applies to those who might be in grave danger back in their home countries. Some felonies might result in your barring obtaining legal permanent residency.
Asylum seekers without legal permanent residency may be deported after committing a serious crime. This can be aggravated felony.
Those non-citizens with non-immigrant visas and have a temporary protected immigration status may lose their status.
At times they are referred to as aliens. The federal government does not recognize non-citizens. For that matter any criminal act they do results into immediate deportation.
For further information on issues that might arise out of your immigration status, contact the right immigration and visa attorneys to handle your case. Different people might have their own unique set of circumstances as to why they would like to have their eligibility reviewed.
Legal expertise might elaborate the legal issues involved and exceptions that affect your visa eligibility. For those who are worried that a felony conviction might ruin their chances of getting citizenship, the best person to shed light on the situation is your local immigration attorney.…