In 1996, Congress passed a shocking immigration Bill and President Clinton signed into Law.  The "new" law, at that time, called Illegal Immigrant Reform & Immigrant Responsibility Act of 1996 (IIRIRA), took effect as of April 27, 1996.  The law amended a series of immigration laws and created a list of what is called "Aggravated Felony," INA Section 101(a)(43).  Some of these crimes include drug trafficking, crimes of violence where the maximum sentence is 1 year or more, sexual crimes, murder or attempted murder, owning, controlling, or commercializing prostitution, smuggling, and counterfeiting…etc.  In addition, the IIRIRA created a category called "Crimes of Moral Turpitude."  Although there is no list of crimes of moral turpitude, the USCIS refers to INA Section 101(f) define what is not “good moral character,” as well as previous case law and BIA administrative decisions to make the determination.  For example, minor theft crimes that have a maximum sentence of not more than 1 year and an actual sentence of less than six (6) months will not be considered a crime of moral turpitude.  However, two (2) of such crimes may be determined as crimes of moral turpitude.  In addition, any crimes that show lack of “good moral character” that has a maximum sentence of at least one year, or if the person is actually sentenced of at least six (6) months, regardless of whether the sentence was actual jail-time or probation, the foreign national is removable as a crime of moral turpitude. Thus, if a foreign national, including a permanent resident (green-card holder), committed a crime that is considered an aggravated felony or a crime of moral turpitude, the foreign national is removable (deportable).

 

Contact the Immigration Lawyers at Smith & Garg today for more on convictions that would cause an foreign national to get deported.