There are two main types of crimes to look out for because of the severe impact on a non-citizen’s ability to remain in the United States.
1. Crimes of Moral Turpitude
The following types of crimes have been held to involve moral turpitude:
*crimes in which either an intent to defraud or an intent to steal is an element (felony or misdemeanor)
* crimes in which there is an element of intentional or reckless infliction of harm to persons or property (felony or misdemeanor);
* felonies, and some misdemeanors, in which malice is an element;
* sex offenses, in which some “lewd” intent is an element.
While no statutorily established elements have been directly used in identifying crimes of moral turpitude, courts have characterized moral turpitude as crimes that typically involve conduct that is “inherently base, vile, or depraved, and contrary to the private and social duties man owes to his fellow men or to society in general.”
2. Aggravated Felonies
There are numerous crimes that are considered “aggravated felonies” and are specifically defined by statute in the Immigration and Nationality Act (“INA”). These typically include crimes of theft and crimes of violence. When convicted for either type of crime, a non-citizen can be placed in deportation proceedings and deported from the United States, if the person is sentenced to more than one-year imprisonment. This also includes any suspended time.
For additional information regarding criminal convictions and their affect on non-citizens call the Law Office of Sherrie K. Albin for a free consultation: (213) 746-4747.
