What Happens When a Non-Citizen Commits a Crime?

man in handcuffs

The process of applying to become a temporary or permanent resident of the United States is long and complicated. And if you are anything less than a model citizen, this process may become all the more difficult. If you are a non-citizen, follow along to find out what will happen if you commit a crime and how a proficient immigration criminal issues lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can defend you during this time.

As a non-citizen, what happens when you commit a crime?

Regardless of whether you are convicted of a felony or misdemeanor, any crime will put your legal immigration status at risk. This is even regardless of your efforts to expunge your crime from your record or reduce your sentence.

Notably, crimes are divided into two categories when it comes to immigration law: crimes of moral turpitude and aggravated felonies. For one, crimes of moral turpitude include fraud, larceny, and/or a crime demonstrating an intent to harm persons or things. Examples of such are as follows:

  • Crimes involving dishonesty and theft.
  • Assault with the intent to rob or kill.
  • Spousal abuse.
  • Driving under the influence of alcohol.
  • Drug conviction or even drug use.

On the other hand, aggravated felonies may even expedite your removal from the United States. Examples of such are as follows:

  • Murder.
  • Rape.
  • Drug or firearm trafficking.
  • Sexual abuse of a minor.
  • Child pornography.
  • Money laundering.
  • Espionage, sabotage, or treason.
  • Fraud or tax evasion involving more than $10,000.
  • Theft or otherwise a violent crime with a minimum one-year sentence.
  • Perjury with a minimum one-year sentence.

How can I avoid deportation after committing a crime?

If you are convicted of a crime of moral turpitude, then you may be able to apply for a deportation waiver. This waiver is essentially a request for an exception to an immigration ruling. Examples of some situations in which you may be granted a waiver are as follows:

  • You have not committed an aggravated felony.
  • You are not a threat to national security.
  • You have lived in the United States for at least seven years.
  • You were accused of having less than 30 grams of marijuana in your possession.
  • You were accused of prostitution or solicitation of prostitution.
  • You have not committed a crime in more than 15 years.

However, if you were convicted of an aggravated felony, it may not be possible to apply for a deportation waiver. However, one argument you can make is that you were tortured in your native country upon your return.

You must navigate this situation with caution to not jeopardize your opportunity for legal immigrant status. So, you must retain legal representation from a talented removal and deportation defense lawyer in Milwaukee, WI today.

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