The short answer to whether or not you can get deported for a misdemeanor is yes. Residing in the U.S. as an immigrant entails an obligation to comply with certain laws and regulations. Regardless of your immigration status, whether you are a non-citizen green card holder, naturalized U.S. citizen, or non-immigrant visa holder, violating laws in a new country could result in deportation.
Seeking guidance from an immigration lawyer can help ensure you are acquainted with all California crimes to avoid any potential incidents of deportation. Our immigration lawyers are well-versed in the legal complexities surrounding criminal convictions and can assist you in maintaining your U.S. immigration status.
What Is a Misdemeanor?
Certain misdemeanors, or felonies, can be classified as deportable offenses. The two main types of offenses that could trigger immigrant deportation are:
- Crimes of moral turpitude
- Aggravated felonies
Committing a crime, even a misdemeanor, can potentially lead to deportation. Permanent residents, refugees, F-1 students, or non-citizens with lawful status may also risk losing their immigration status as a result of committing a deportable crime.
Crimes of Moral Turpitude
While there is no official standard definition, U.S. Citizenship and Immigration Services (USCIS) states that moral turpitude is generally referred to as “conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one’s fellow man or society in general.”
In other words, these offenses typically involve dishonesty, fraud, or vile acts that go against community standards of justice, honesty, or good morals. Below are some categories of moral turpitude:
- Crimes against another person, including aggravated battery (such as stabbing someone and causing serious bodily harm).
- Crimes against property, such as robbery, forgery, or embezzlement.
- Sexual and family crimes, including continuous abuse against a child or spouse or sexual activity involving a minor.
- Crimes against the authority of the government, such as offering a bribe to a government official.
If a permanent resident is convicted of a crime of moral turpitude committed within five years of receiving their green card, with a potential sentence of one year or longer, they are at risk of being deported. In addition, if a permanent resident is convicted of two or more crimes of moral turpitude, they are also at risk of deportation.
Consulting with an experienced immigration attorney will help you determine if an offense is considered a crime of moral turpitude. Our experienced lawyers at Reeves Immigration Law Group in Los Angeles and San Francisco can guide you through the complex legal process for your specific case.
Aggravated Felonies
Aggravated felonies under immigration law encompass various criminal offenses, from murder, theft, and drug trafficking to rape, battery, and child pornography. Committing an aggravated felony often leads to severe deportation consequences.
While the term “aggravated felony” initially referred to specific crimes, it has since expanded to cover a broad range of offenses. Today, over 30 types of offenses fall under this category.
Since it can be difficult to determine whether or not an offense is classified as an aggravated felony or crime of moral turpitude, it is important to discuss serious matters with an experienced California immigration lawyer.
What Other Crimes Can Lead to Immigrant Deportation?
Apart from crimes of moral turpitude and aggravated felonies, other unlawful acts can result in deportation for immigrants. These include smuggling, drug abuse, marriage fraud, firearm offenses, espionage, unlawful voting in federal, state, or local elections, human trafficking, and more.
Our immigration lawyers in Los Angeles and San Francisco are well-versed in immigrant deportation issues and can guide you on the right path.
Speak To A California Immigration Attorney Today
If you are concerned that you may have committed a misdemeanor or simply want to understand how to navigate deportation issues, we encourage you to contact us today to consult with a California immigration lawyer. Our team stays up to date on the latest laws and regulations, allowing us to promptly and effectively address your questions regarding immigration status and deportation-related matters.
Reeves Immigration Law Group was founded in 1980 with the goal of providing superior legal services to the immigrant community. Over the past 40-plus years, we have prided ourselves on providing superior legal services in the most difficult of circumstances. Whether you need deportation defense in the courtroom or guidance completing an application for an employment-based visa, we will be by your side every step of the way!
