What Happens When a Foreigner is Convicted of a Criminal Offense in the U.S.?

 Posted on December 26,2017 in Criminal Defense

When a foreign national is convicted of a criminal offense in the United States, he or she runs the risk of being deported, regardless of whether or notthe individual waslegally present in the U.S. when the crime was committed. In other words, if you are not an American citizen and you have been accused of committing a crime in the United States, be aware that if you are ultimately convicted you may be deported. However, not all criminal convictions can render a foreign national eligible for deportation.

Crimes for Which Non-U.S. Citizens May be Deported

The U.S. Citizenship and Immigration Services’ website notes that aliens who are convicted of one of the following criminal offenses in the United States are eligible for deportation:

• Crimes of Moral Turpitude: Any foreign national who is convicted of a crime involving “moral turpitude” (i.e. most crimes involving dishonesty or theft), for which a sentence of at least one year may be imposed, within five years of being admitted into the United States (or within 10 years in some cases) is deportable.
• Multiple Criminal Convictions: Any foreign national who is convicted of two or more crimes (arising out of separate schemes) that involve moral turpitude after being admitted into the United States is deportable.
• Aggravated Felony: Any foreign national who is convicted of an aggravated felony after being admitted into the United States is deportable.
• High Speed Flight: Any foreign national who is convicted of engaging in high speed flight from an immigration checkpoint is deportable.
• Failure to Register as a Sex Offender: Any foreign national who is required by law to register as a sex offender and fails to do so is deportable.
• Controlled Substances: Any foreign national who, after having been admitted into the United States, is convicted of committing or attempting to commit a controlled substance crime (other than a single offense involving possession of 30 grams or less of marijuana) is deportable.
• Certain Firearm Offenses: Any foreign national convicted of certain firearm offenses after being admitted into the United States is deportable.
• Crimes of Domestic Violence: Any foreign national who is convicted of domestic violence, child abuse, or stalking after being admitted into the United States is deportable.
• Trafficking: Any foreign national who commits (or conspires to commit) human trafficking, or benefits from human trafficking, after being admitted into the United States is deportable.

*** Please note that the list of crimes outlined above is NOT exhaustive and that there are additional crimes for which a foreign national can be deported. ***

Consult With a Local Criminal Defense Attorney Today!

If you are a foreign national who has been accused of committing a crime in the United States, it is critical that you consult with a dedicated Rolling Meadows criminal defense lawyer straight away. Be sure to immediately tell the attorney of your immigration status so that he or she can properly advise you about your legal options and suggest an appropriate course of action. If the crime that you are accused of committing allegedly took place in Illinois, feel free to contact the Law Offices of Christopher M. Cosley for help.

Source:

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html