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Criminal Convictions and Deportation

If you are arrested in New Jersey, and you are an immigrant, it can mean big trouble. An arrest can create issues for the immigrant and their status in the United States. In addition, their residency can be compromised due to the criminal offense. As a result of an arrest or criminal conviction, he or she may face deportation.

Crimes That Can Lead to Deportation

In the United States, there are two laws that reference the offenses that can lead to the deportation of a green card holder, a visa holder, or an illegal immigrant. Those laws are the Immigration and Nationality Act (INA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIR). Some of the criminal offenses that can lead to deportation include:

  • Aggravated felony. Some crimes that are considered aggravated felonies include, but are not limited to, murder, drug trafficking, money laundering, or obstruction of justice.
  • Moral Turpitude.  A crime of moral turpitude is any crime that includes a vile act, such rape or larceny for example.
  • Multiple criminal convictions. If a green card holder, visa holder, or illegal immigrant is convicted of multiple crimes of moral turpitude (2 or more), he or she may be deported.
  • Drug conviction. This includes a conviction of a drug crime, under state or federal law, but may exclude a single offense of simple possession of marijuana.
  • Firearms violation. If a green card holder, visa holder, or illegal immigrant purchases, sells, carries, possesses, or owns a firearm, he or she may be deported.

If you have been charged with a crime, your immigrant status or residency status may be at risk. It may be a good idea to consult with an experienced immigration attorney as soon as possible to understand your rights and what options you may have to avoid deportation.

If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance.