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10/29/2019

Criminal grounds of deportation

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The only people safe from deportation are United States citizens. Anyone in any other status is subject to the deportation grounds set forth in the Immigration and Nationality Act (INA). This article will focus specifically on the criminal grounds of deportation.

The criminal grounds of deportation are set forth in 8 U.S.C Section 1227. These criminal grounds are set forth as follows:
  • aggravated felony. Next to drug crimes, These are the most serious crimes in immigration law. For many crimes, individuals can request a waiver, but not for most aggravated felonies, Further, aggravated felony convictions make certain individuals ineligible for certain types of relief such as asylum and cancellation of removal. All of the aggravated felonies are listed 8 USC 101(a)(43) and are as follows 
  • Murder
  • Drug trafficking (including possession with intent to distribute)
  • Money laundering involving over $10,000
  • Trafficking in firearms or explosives
  • Crime of violence with a sentence of at least 1 year
  • Theft, receipt of stolen property or burglary with a sentence of at least 1 year
  • Crimes involving ransom
  • Rape or sexual abuse of a minor
  • Child pornography
  • Gambling where a sentence of at least 1 year may be imposed
  • Racketeering where a sentence of at least 1 year may be imposed
  • Engaging in the business of prostitution or slavery
  • Spying
  • Fraud or deceit worth over $10,000 or tax evasion worth over $10,000
  • Smuggling of undocumented people, except a first offense to assist your spouse, child or parent
  • Illegal entry or reentry after a deportation based on an aggravated felony
  • Document fraud with a sentence of at least 1 year
  • Failure to appear to serve a sentence for a crime if the underlying offense is punishable by imprisonment for a term of 5 years or more
  • Commercial bribery, counterfeiting, forgery or trafficking in vehicles with a sentence of at least 1 year
  • Obstruction of justice, perjury or bribery of a witness with a sentence of at least 1 year
  • Failure to appear in court under a court order for a felony charge for which a sentence of at least 2 years' imprisonment may be impose
  • An attempt or conspiracy to commit any of the offenses described above                                                                                                                                                                        In addition to aggravated felonies, there are a number of other crimes, which make individuals deportable. These other crimes are as follows:
  •   any drug possession conviction excluding possession of 30 grams or less of marijuana
  • conviction of either a) one crime of moral turpitude committed within five years of entry into the United States; or b) two crimes of moral turpitude committed at any time unless they were committed in a single scheme of criminal misconduct. The term "moral turpitude" is an extremely vague term, but generally has been defined by immigration authorities as "conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one's fellow man or society in general.” The person committing it should have had either an “evil intent” or been acting recklessly."
  • certain firearms convictions set forth in 8 USC 1227(a)(2)(C)
  • crimes of domestic violence
  • espionage, sabotage or treason set forth in 8 USC 122(A)(2)(D); and
  • activities relating to national security and terrorism 

The good news is that there are certain defenses you may raise if you are being deported on one of these grounds. Many people may apply for what is referred to as "readjustment of status" in immigration court and ask for a waiver of inadmissibility using form 601. In order to successfully qualify for this waiver, you will have to prove that your removal woud result in extreme hardship to an immediate U.S. citizen parent, spouse or child. 

Navigating through criminal grounds of deportability often takes an extremely experienced attorney to determine whether a particular conviction makes you deportable. Fortunately, Louisiana immigration lawyers at Liberty Law Group have the expertise to assist you this and will be happy to provide you a free case analysis in order to determine whether you or a family member are deportable and, if so, whether any waivers might be available for you to remain in the United States. 
​

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2 Comments
Patricia Hanna
4/21/2020 08:09:18 pm

What a caring Person
It was in October 2019 when I and my husband were looking for the immigration attorney to help us with the (filling)applications for the green. We were referred to Mr Chris Kinnson through a church family member who happened to have known him to be trustworthy and helpful attorney, someone you can be rest assured that he will help . The other reason being was that he helped them to file their green card application forms not too long ago and all was successful without any stress. Then
I remember calling him back (Mr Christopher Kinnson )for an appointment, Well, he answered the call and gave us his office address. On the day of appointment we were welcomed like very special guests and that only explains everything. It was a big confirmation for me that we should go ahead and work with him. . And he never charged us consultation fees. He went through my application forms and advised us of what is required . We went back home , gathered all the back up documentation required and called him informing him that we have successfully gathered all the documents. Second time when we went to meet him travelled half way leaving all he was supposed to do on that fateful day just to meet us and finalize the paperwork.

I definitely recommend Mr Chris Kinnson for work, he is warm hearted, patient and very helpful to his clients.
He goes an extra mile in order to make your life less stressful.

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James link
5/3/2021 08:23:45 am

Nice ppost thanks for sharing

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    Chris lives in Alexandria, Louisiana where he enjoys playing with his girls and being the best husband he can possibly be. 

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I was in deportation process for seven years; my deportation/asylum court hearing was postponed several times. At this point, I contacted Chris. I told him my personal story- I was tortured in Syria and seeked asylum in the US. When I arrived in the US, I was detained for 48 days in Houston once I arrived. Chris was so moved by my experience, that offered to take my case for free! Chris gathered all the necessary documents from me and went through great efforts on my behalf. He looked up related events and updated my whole case. The night before my deportation/asylum hearing, we went over the entire folder as well as about 100 questions he had previously prepared. The hearing was initially estimated to last for about an hour by my previous Pro Bono attorney; in reality, the hearing lasted 3 hours. Chris asked me all the questions he had prepared to demonstrate the truth about my story. The prosecutor ended up having only a couple of questions; Chris interfered to explain her questions to me and make my answers more to the point and more helpful to my case. Chris had to undergo surgery a few days before the hearing and yet, he drove all the way to Houston, carried the entire 12 inch thick folder for about a 15 minutes walk, and didn’t tell me about this until the break in the middle of the hearing. His confidence before the hearing, as well as during, was unparalleled and impressive! He connected on a personal level and knew what to ask and how to tackle the case and he just did. Thanks to Chris, I am an asylee. I am not in immigration-status limbo anymore; I am able to thrive and continue my career as a pathologist in the US thanks to Chris. I am eternally thankful and grateful to him for his dedication, compassion, knowledge, and his kindness!"

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  • Home
  • PRACTICE AREAS
    • Immigration Bonds
    • Asylum
    • Deportation defense >
      • Immigration Appeals
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    • Nonimmigrant Visas >
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  • Locations
    • Liberty Law Group Shreveport Office
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    • Monroe Service Location