Immigration Consequences
Learn more about the impact of criminal conviction on your immigration process.
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Immigration Consequences

Since America was founded, people from other countries have found solace in its beautiful landscapes, freedom and surplus of available jobs. Tourists and immigrants flock to Florida each year for its vibrant atmosphere and eclectic mix of cultures. However, coming to the country can be difficult and staying here could be a complicated legal process.

If you are an immigrant living in Central Florida, it is important you know your rights and what you must do to maintain a life in this country. Resolving a criminal case can be difficult because, in some instances, you may be inadmissible for lawful permanent residence in the United States. In some cases, you could be deported.

Effect of Melbourne Criminal Conviction on Immigration Status

Having an experienced Melbourne criminal defense lawyer on your case could make the difference between returning to your home country and maintaining a permanent life in Florida. If you are an immigrant facing criminal charges that could affect your life in the United States, your status could be in danger. Contact a skilled criminal defense attorney at Law Offices of Germain & McCarthy, LLC.

The attorneys at Law Offices of Germain & McCarthy, LLC can help you understand the impact any criminal proceeding might have on your visa or legal status. Call (321) 253-3447 to schedule a free case consultation. The Melbourne-based criminal defense attorneys represent clients throughout Central Florida, including Brevard County, Volusia County, Seminole County, Osceola County and other surrounding areas.

Information on Immigration Consequences

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Immigration and Nationality Act

The Immigration and Nationality Act is a federal law that outlines national immigration law. The act was created in 1952 and has been amended throughout the years to address new issues. The legislation also describes several crimes and types of crimes and the breakdown of the penalties for those who are not U.S. citizens.

A person's removability for a crime depends on whether his or her state or federal conviction fits within one or more classes of removable offenses. The INA separates removal grounds into two categories: inadmissibility grounds and deportability grounds, both of which are considered removable.

The INA also includes grounds of removal based on an immigrant's criminal conduct alone, regardless of whether there is a conviction. These grounds are generally based on admission that he or she committed a crime or finding reason to believe he or she has engaged in criminal activity. These offenses include marriage fraud, prostitution and a false claim to citizenship.

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Crimes That Could Trigger Inadmissibility

If you commit a crime in the United States as an immigrant, you could face being labeled as inadmissible. Inadmissible means you could be removed from the country and forced to return to your home country. Some of the crimes include:

  • Crimes involving moral turpitude, or attempts to commit such a crime
  • Controlled substances offenses, excluding possession of 30 grams or less of marijuana
  • Multiple criminal convictions.

Crimes of moral turpitude are those that are considered particularly offensive to the community. Crimes that involve fraud, larceny or the intent to harm people may be considered crimes of moral turpitude. For example, the charges could include rape, murder, manslaughter, kidnapping or prostitution.

This ground of inadmissibility does not apply to someone who committed a crime of moral turpitude when he or she was younger than 18 and the crime was committed more than five years before the application for a visa or other entry document.

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Crimes That Could Cause Deportation

If you are in the United States with or without legal status, you still could face being deported. If you are accused of committing some offenses, as outlined in the Immigration and Nationality Act, you could be forced back to your home country. Those offenses include:

  • Any crime relating to terrorism
  • Association with a terrorist organization
  • Human trafficking
  • Domestic violence
  • Certain firearm offenses
  • Drug offenses involving any controlled substance, except 30 grams or less of marijuana
  • Aggravated felonies, including murder, rape, sexual abuse of a minor, money laundering, certain fraud offenses and theft
  • Crimes of moral turpitude

According to the legislation, a crime of moral turpitude must have been committed within five years of entering the United States and the sentence must be more than one year. If the person committed two of these crimes, he or she also could be deported.

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Finding An Immigration Lawyer in Brevard County

If you have been arrested for a criminal offense in Central Florida and are concerned about your status as an immigrant, contact a Melbourne immigration attorney at Law Offices of Germain & McCarthy, LLC. Call (321) 253-3447 to schedule a free case consultation.

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The information provided on this website is for general information purposes only. The legal information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a criminal defense lawyer in Orlando, FL, for advice regarding your own individual situation.
We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us, however, does not create an attorney-client relationship. Please do not send any confidential information to us until after an attorney-client relationship has been established.
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