You may feel exponentially grateful for finally obtaining citizenship or legal permanent resident status in the United States. Meaning that you may be diligent in avoiding anything that might jeopardize this opportunity for you. But most unfortunately, you may find yourself in a situation where you are accused of committing a criminal act, which subsequently leads to the threat of deportation. If this is the case, please follow along to find out whether you can be deported from the country after committing a crime and how a proficient Baltimore County, Maryland deportation defense lawyer at Sheri Hoidra Law Office, LLC can help clear your name.
Can I be deported from the United States after committing a crime?
If you have legal permanent resident status in the United States or are present on a nonimmigrant visa, then you may get deported after committing a crime. Of note, only certain crimes warrant deportation, and they read as follows:
- Aggravated felonies: murder, rape, drug trafficking, weapon trafficking, etc.
- Crimes involving moral turpitude: kidnapping, theft, fraud, etc.
- Other crimes: minor drug possession, domestic violence, immigration law violations, etc.
If found guilty of any of the aforementioned crimes, you may be asked to attend a court hearing in front of an immigration judge. If this judge rules for deportation, the United States Immigration and Customs Enforcement (ICE) may be tasked with sending you back to your home country. This is if you do not voluntarily depart on your own accord.
For other petty offenses that do not call for deportation, such as shoplifting, simple assault, and driving under the influence, permanent residents and noncitizens might face criminal punishments such as jail time, probation, fines, fees, and restitution instead.
What if I have a criminal history from my country of origin?
As insinuated above, born citizens and those who have obtained citizenship status in the United States might not be threatened with deportation after being found guilty of a criminal act. However, this might not be the case if this individual improperly received citizenship or committed fraud to get it.
For example, say that you were once convicted of a crime in your home country. Well, in your Form I-485, Application to Adjust Status, or Form DS-260, Immigrant Visa Application, you may be asked to disclose your entire criminal history. This includes any crimes that have been sealed or expunged. If you deter from the truth in your application to better your chances of getting approved, the USCIS may take steps to “denaturalize” you.
With denaturalization, this government entity may petition a federal court to revoke your naturalization through a civil or criminal legal proceeding. If the court rules in favor of your denaturalization, you may return to your immigration status before naturalizing. With this, they may go as far as ordering for your deportation.
Before you take any further initiative to apply for a visa, we urge you to consult a talented Baltimore County, Maryland immigration lawyer. Most definitely, the team at Sheri Hoidra Law Office, LLC is eager to work with you.