If you are a non-citizen charged with a criminal offense in the United States, you may be worried about your continued stay in the country. Will a conviction automatically result in deportation? Well, not necessarily.
Not all crimes are deportable, and understanding this distinction is essential. U.S. immigration laws identify specific offenses that can lead to deportation. The rule of thumb is the more serious the offense, the higher the chances of deportation. However, the unique aspects of each situation matter.
Deportable offenses
Certain crimes, collectively referred to as crimes of moral turpitude, can lead to deportation if you are convicted. You may face deportation from the U.S. if you are convicted of these crimes within five years of entering the country or twice after admission. These include fraud, assault, theft and other malicious and reckless offenses.
Similarly, you could be deported if found guilty of serious charges like murder, rape, drug-related crimes and firearm offenses.
Non-deportable crimes
If you are convicted of a minor offense, like petty theft or certain misdemeanors, it typically will not result in deportation. However, it may not be so if you are a repeat offender. A history of multiple offenses increases the chances of being deported.
It’s worth noting that the particulars of your crime matter. As such, a conviction for a crime that seems insignificant can have far-reaching consequences on your immigration status.
Seeking qualified guidance is essential if you are an immigrant facing criminal charges. It can help you understand the gravity of your situation and explore options to protect your stay in the country. This can go a long way in navigating the legal system, protecting your interests and making informed decisions about your future.