Immigration and Moral Turpitude Crimes
A major source of immigration enforcement stems from crimes that manifest a lack of moral turpitude on the part of someone who is not a citizen of the United States. Deportation can result from a crime of this nature where it falls within the definition of "moral turpitude" under federal law. Both misdemeanor and felony charges have the potential to complicate the status of a Permanent Resident, Green Card Holder, Visa Holder or undocumented alien in this regard. If you lack citizenship in the US and have been arrested or convicted of a criminal offense that you believe may demonstrate poor moral turpitude, give our attorneys a call. Our defense firm, the Ibrahim Law Group, is comprised of lawyers skilled in handling complex criminal cases that involve immigration consequences. An attorney is available immediately to assist you and initial consultations are without charge. You can reach a lawyer from our law firm at 201-781-7800.
Deportable Crime Involving Moral Turpitude
A single conviction can result in someone being deported where the offense satisfies the meaning of a deportable moral turpitude crime. The requirements necessary to meet this definition are:
- Conviction of a Crime;
- Moral Turpitude is Implicated;
- The Offense was Committed within 5 Years of Admission into the United States; and
- A Sentence of One Year or More in Prison May be Imposed on the Charge.
The first requirement, that there exist a criminal conviction, is satisfied if an individual is found guilty or pleads guilty, and some form of punishment is imposed as a result thereof. Punishment can be in the form of a fine, restitution, probation, incarceration, community service, rehabilitation counseling, or suspension of a license. Requirement (2) is a more abstract principle and implies that the perpetrator possessed a corrupt mind when he or she committed the offense. A broad range of crimes can conceivably satisfy this criteria including, for example, theft, shoplifting, fraud, or forgery. The five year limitation period is a bright line rule which prohibits enforcement for incidents occurring outside this period. As to the fourth requirement, it is important to keep in mind that the law only mandates that one year of incarceration "may be imposed" as a result of being convicted. What is determinative here is the possible sentence associated with the crime rather than what was actually imposed.
It should be abundantly apparent from this information that the proper time for a Permanent Resident (Green Card Holder), Visa Holder (e.g. H1, H4, etc.) or other non-citizen to properly address this situation is before they are ever convicted. While the law does allow for Relief from a Criminal Conviction (e.g. vacate the judgment), it is always preferable to enlist an experienced attorney beforehand. In fact, the lawyers at our firm are usually able to avoid the unfavorable result of a moral turpitude conviction in the first instance. Attorneys are available to assist you at 201-781-7800. Get the assistance you deserve from an attorney as the stakes are too high for you to risk a misstep on your own.
Please contact the Ibrahim Law Group to arrange for a consultation at 201-781-7800.