If you are starting your immigration process, it is important that you know what crimes are not forgiven by immigration. Crimes of violence, drug-related crimes, fraud and firearms-related crimes can be a major obstacle in your immigration process.
The type of crime, the seriousness and the age at which it was committed are important factors that are taken into account. The person’s criminal history is also considered.
We have created this guide to make it easier for you to understand everything related to your immigration process. We are here to help you every step of the way and make sure you have the best chance of success in your immigration process if you do not know what to do if you have a deportation order.
Table of contents
Understanding what crimes immigration does not forgive: what you need to know
It is important for you to know that some crimes can be a major obstacle to obtaining U.S. residency. Among the crimes that immigration does not pardon are crimes of violence, drug-related crimes, fraud and firearms-related crimes.
In addition to these felonies, there are also misdemeanors or misdemeanors that may have immigration consequences. These offenses may include traffic tickets, driving under the influence of alcohol or drugs (DUI/DWI), driving with a suspended or revoked license, and domestic violence related offenses.
It is important to keep in mind that although these offenses may seem minor, they can be enough for an immigrant to be deported.
What are the differences between misdemeanors and felonies that immigration does not pardon?
Regarding which crimes immigration does not forgive, it is important to recognize the difference between misdemeanors and felonies. Also, you should not forget that both can have important consequences for your immigration process.
The offenses are serious crimes that can result in prison sentences of one year or more. To determine whether someone is guilty of a crime, a judge presides over the case in the presence of a prosecutor who represents the State as the prosecuting party.
On the other hand, misdemeanors are less serious offenses punishable by imprisonment of less than 12 months, fines or both. Depending on the circumstances, if the offense is aggravated or if the “three strikes” law applies, it could be classified as a felony or a misdemeanor.
What crimes are unforgivable by immigration and can cause my deportation?
There are a number of crimes that are unforgivable by immigration and can lead to the deportation of an immigrant to the United States. You should know that, according to the Immigration and Nationality Act (INA), if you are deported for any of these offenses, you will be barred from re-entering the country.
Aggravated felonies under INA Section 101(a)(43): Felonies are serious crimes that may include, but are not limited to, physical violence, armed robbery, sex offenses, and drug trafficking….
Drug offenses: this includes trafficking, possession and sale of any prohibited drug.
Crimes of moral turpitude or depravity: These are crimes against morals and ethics, such as child abuse, prostitution (in certain states), incest, lewd acts with minors and theft.
Violent crimes with prison sentences of up to 1 year: Violent crimes, such as assault or battery, can have serious consequences on your immigration process.
Money laundering, fraud and tax evasion for amounts over $10,000: these are serious financial crimes involving concealing or disguising the illicit origin of money obtained through illegal activities, obtaining goods or services through deception or forgery, and the intentional omission to pay taxes.
Sexual offenses: are those that involve any type of non-consensual or forced sexual contact with another person, or any type of illegal sexual activity, such as rape, sexual abuse or sexual harassment.
It is important to keep in mind that every case is different and it is always advisable to seek the assistance of a qualified immigration attorney for specific advice regarding your situation.
How do I know if I am registered by immigration?
Knowing the status of your immigration case is of great importance for your legal status in the country. If you are in doubt about whether you have an immigration record or if you have a criminal record, there are several steps you can take.
FBI criminal background check:
If you are wondering “How do I know if I have an immigration record?”, you can request a criminal background check from the government agency. To do so, you must complete a fingerprint application and submit it along with the corresponding payment and any other required information. The FBI also offers the option to apply online through its website.
Request for immigration history from USCIS (FOIA):
Another way to answer the question “How do I know if I have an immigration record?” is to request your record from the U.S. Citizenship and Immigration Services (USCIS), through the Freedom of Information Act (FOIAby its abbreviation).
The USCIS maintains records of all immigration applications and petitions filed with them. If you need a copy of your immigration history, you can request it from the USCIS by filing Form G-639 (Request for Record Information).
In the application, you must provide detailed information about yourself, including your name, date and place of birth, Social Security number, Notice of Action number (if you have one), and any other relevant information you can provide to help locate your immigration history.
You should also include the reason for your request and any additional information you may have to support your request. Once you complete the form and submit it along with the appropriate payment, USCIS will process your application and send you a copy of your immigration history.
Request for registration of judicial history:
If you have been through the U.S. Immigration Court there is a free and very simple way to answer the question “How do I know if I am booked by immigration?”. You can simply request a copy of your court records from the U.S. Department of Justice.
To do this, you only need to call the customer service number 1 (800) 898 7180 and then select option 2 to receive instructions in Spanish.
During the call, you will listen to a recording system that will indicate the steps to follow and ask you to provide your foreign number or “A number”.
This number is found on correspondence or documents sent to you by the Immigration Court, such as a work authorization or bond information sheet, the dates of your court hearings, or if you have had any immigration cases.
Please note that the application process can be complex and may take time to obtain records. If you need help obtaining your court records, it is advisable to seek the assistance of a qualified immigration attorney to guide you through the process and provide you with legal advice.
What happens if I am sentenced? Can I be deported from the United States immediately?
In most cases, when a person is deported from the United States, it does not happen immediately. This will depend on the circumstances and characteristics of your case.
If you are detained or taken into immigration custody, it is important to know that the process you go through will depend on your immigration status. Each situation is unique and therefore the procedure may vary depending on whether you are a permanent resident, a legal immigrant or an undocumented immigrant.
If you are wondering “Can I be deported from the U.S. immediately?”, you should know that there is a legal process that must be followed, which usually involves a hearing before an immigration judge. During the hearing, the person has the opportunity to present his or her case and argue against deportation.
The process begins with a deportation order issued by an immigration judge, which is sent to Immigration and Customs Enforcement (ICE). ICE then carries out the deportation, which can take several days or even weeks, depending on the circumstances.
Can I be deported from the United States immediately if I have a Green Card?
However, it is important to note that, in some cases, a judge may order immediate removal from the country due to the seriousness of the offense and the specific circumstances of the case. In these cases, your options may be limited and it is essential that you seek legal assistance immediately.
Can I be deported from the United States immediately if I do not have a Green Card?
In any situation, it is crucial that you seek the advice and assistance of an experienced immigration attorney to understand your options and defend your rights.
Remember you are not alone and there are options available to you!
Can I re-enter the country if I am deported?
The duration of this ban depends on the reason for your deportation and any crimes or offenses you have committed in the United States.
Likewise, if the individual is not yet a citizen, he or she would also not be allowed to adjust his or her immigration status or obtain U.S. citizenship through naturalization. The good news is that a conviction for an inadmissible offense does not always lead to removal from the US. With the assistance of an immigration attorney, it is possible to obtain an immigration waiver or other relief.
Can I apply for cancellation of removal after a conviction?
To be eligible for cancellation of removal, you must meet certain requirements:
– Have resided in the United States continuously for at least 10 years.
– Have been physically present in the United States for at least 10 years.
– Not have been convicted of certain crimes, including felonies and misdemeanors involving drugs or violence.
What steps should I take to apply for cancellation of removal?
If you want to know how to remove a deportation order, these are the steps to follow:
- Complete and file Form EOIR-42B, known as the “Application for Cancellation of Removal.” This form must be filed with the immigration court that has jurisdiction over your case.
- Attach to the application any documentation that supports your eligibility for cancellation of removal, such as proof of your continued presence in the United States, your good deeds, your work history, among others.
- Participate in an immigration court hearing to present your arguments and evidence as to why you should receive cancellation of removal.
It is important to note that, regardless of the seriousness of the crime, any criminal conviction can have immigration consequences for an immigrant. In some cases, deportation can be avoided if the immigrant is eligible for some type of immigration relief, such as asylum or cancellation of removal. Therefore, it is important for any immigrant facing criminal charges to speak with an immigration attorney as soon as possible to learn about their options and defend their rights.
How can a lawyer help me avoid deportation?
An immigration attorney, such as Urbina Immigration Law, can be of great help in the cancellation of removal process. The attorney can evaluate your case individually and determine whether you are eligible to apply for cancellation of removal.
In addition, the attorney can assist you in gathering and presenting the necessary documentation to support your case. He can also assist you in the preparation of your testimony and representation in immigration court during hearings.
Are you fighting to cancel your deportation and need reliable legal help? Look no further! Urbina Immigration Law is here to help you get the relief you need and deserve. With our team of highly skilled and experienced immigration attorneys, we can guide and support you every step of the way.
Don’t give up on the possibility of being deported. At Urbina Immigration Law, we work tirelessly to protect your rights and find the best solution for your particular situation. Whether you qualify for cancellation of removal or need to explore other legal options, we are here to help.
Contact us today and progress towards a brighter future!
Sources
