What happens if a permanent resident commits a felony

Criminal statutes almost always come from state law, so you may be raising brand new questions about how these statutes are interpreted under federal immigration law. Immigration Law? Immigration law provides that a crime can escape classification as a crime of moral turpitude if it is a "petty offense.

Examples of petty offenses could include shoplifting, simple assault, or a DUI that did not involve driving without a license or damage to property or persons, depending on the law in your state. There are two ways that committing a crime of moral turpitude could put you into removal deportation proceedings:.

Keep reading to learn more about how to determine whether you are at risk of deportation for a crime involving moral turpitude. To know whether you committed your crime within five years after your admission to the U. If you were legally admitted to the U. If more than five years have passed since the date you were admitted, then you are not deportable.

For example, if you entered the United States in as an F-1 student, received your green card while here in "adjustment of status" , and committed a crime of moral turpitude in , you are not deportable, because more than five years passed from the date of your admission as a student. In some situations, the date that applicants adjust to permanent residence is also treated as a date of admission, but this will not apply in most situations when determining whether an immigrant is deportable.

You can also be placed into removal proceedings if you have committed more than one crime involving moral turpitude, regardless of when the crimes occurred. However, if multiple crimes "arise from a single scheme of criminal misconduct" they will be considered only one crime when determining deportability. For example, if someone had two different robbery convictions but both occurred at the same location and around the same time, those offenses arose from a single scheme of misconduct.

If a person had two robbery convictions and the incidents occurred on two different dates and at two different locations, then the offenses did not arise from a single scheme of misconduct and the person is likely deportable for multiple crimes involving moral turpitude. Unlike with a single crime of moral turpitude, once you commit two crimes of moral turpitude not arising from the same scheme of criminal misconduct, you can be deported no matter how much time has passed since your last entry "admission" to the United States.

There is no five-year "look-back" period. There are a few situations in which you may be able to ask to apply or reapply for a green card as a defense to deportation along with a " h waiver " despite having committed a crime of moral turpitude.

And if you have already been convicted of a crime, and are facing removal, you'll also want to hire an immigration attorney, if possible. If you're not yet a permanent resident, but are only in the U. As an apparent aggravated felon, expect to be placed in detention. Aggravated felons are not eligible for release on bond.

Aggravated felons are not eligible to apply for asylum or the protections of the Convention Against Torture, despite any fear they might have of persecution in their home country. They are also not eligible for a defense to removal known as cancellation of removal. Once you've been convicted of an aggravated felony and removed from the U. In other words, you will never again be eligible for a U. Browse All Immigration Topics ». The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

Crimes of moral turpitude include the following:. However, the following crimes are, in most circumstances, not considered crimes of moral turpitude:. Any drug-related criminal conviction can make you ineligible to receive green card, even if the conviction was only for possession or for drug use. The only exception stated in the Immigration and Nationality Act INA is if you have only one drug conviction and it was for possession of 30 grams or less of marijuana for your own personal use—and even then, you would still need to apply for a waiver.

All other drug crime convictions will likely make you ineligible for a green card. If you have a record of criminal convictions in a foreign country, there are two possibilities:. Here is a general overview of both processes. There are approximately 20 questions related to criminal history. Essentially, they ask whether or not you have any kind of criminal history, and whether or not you intend to commit any kind of crime in the future.

Expect the questions to focus on issues related to drugs, human trafficking, money laundering, and prostitution. Remember that these questions refer to your criminal history both in the United States and abroad. If you have a criminal history in your home country or in any other country, you must disclose it in the appropriate place when applying for a green card.

You should provide details about when and where you were cited, arrested, charged, or convicted, as well as the exact citation or charge and the final disposition of the case—in other words, how the case was ultimately resolved. This could include a statement from the police department where you were arrested or cited, copies of any charges made against you, discharge or expungement records, and records showing the final disposition of your case. In some states, the information on this website may be considered a lawyer referral service.

Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 If you've been convicted of a felony since you received or last renewed your green card, your permanent residency could be at risk when you renew again.

For example, someone can be found deportable for having committed: an aggravated felony a crime of moral turpitude within five years of receiving a green card two deportable crimes at any time a sex crime a drug crime domestic violence a firearms offense, or a fraud-related offense. Consult an Immigration Attorney If you have been convicted of a felony, yet need to renew your U.

Timeframe to Get a Nonimmigrant U. Talk to a Lawyer Need a lawyer?