Permanent Residents: Deportation And Legal Status

Lawful permanent residents can be deported from the United States for a variety of reasons, including criminal convictions, immigration violations, and national security threats. Deportation proceedings can be complex, and the specific grounds for deportation vary depending on the individual's circumstances. It is important for lawful permanent residents to be aware of their rights and to seek legal assistance if they face potential deportation. While naturalization as a citizen is the only way to avoid deportation in the case of criminal conviction, not all crimes carry deportation as a penalty for legal immigrants. Understanding the potential consequences of any legal issues is crucial for those with permanent resident status.

Criminal convictions

Lawful permanent residents (LPRs) or green card holders can be deported if they violate U.S. laws. The most common reason for deportation is evidence of a criminal conviction. This includes what is called a "crime of moral turpitude" or an "aggravated felony."

A "crime of moral turpitude" includes any crime that is considered to be contrary to community standards of justice, honesty, or good morals. This can include crimes such as murder, robbery, and theft. If a lawful permanent resident is convicted of a crime of moral turpitude within five years of their admission to the U.S. (or within ten years if they received a green card as a criminal informant) and the crime carries a sentence of at least one year, they can be deported. Additionally, if a lawful permanent resident is convicted of two or more crimes of moral turpitude at any time after their admission to the U.S., they can be deported. However, if the crimes arose from a single scheme of criminal misconduct, they will be considered a single crime for the purpose of deportation.

An "aggravated felony" is a category of crimes that can result in deportation for LPRs. The definition of an aggravated felony has been expanded by the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) to include non-violent and minor crimes. This includes non-violent theft offenses, non-violent drug offenses, forgery, receipt of stolen property, perjury, fraud or deceit, tax evasion, illegal firearms possession or sales, espionage, domestic violence, stalking, child abuse or neglect, human trafficking, and terrorist activity. LPRs convicted of aggravated felonies are ineligible for most forms of discretionary relief, such as cancellation of removal, and they have no right to challenge their deportation before a judge.

It is important to note that the law surrounding deportation for criminal convictions is complex, and there may be exceptions or additional considerations in specific cases. If a lawful permanent resident is facing criminal charges or has been convicted of a crime, it is essential to consult with an experienced immigration attorney to understand the potential immigration consequences and explore possible options to avoid deportation.

Marriage fraud

Under U.S. immigration law, new marriages are subject to particular scrutiny. The Immigration Marriage Fraud Amendments of 1986 ("IMFA") established a two-year conditional status for alien spouses seeking permanent resident status, ensuring that an actual marital relationship is maintained throughout this period. If a marriage is less than two years old when a green card application is submitted, the applicant will only receive conditional, not permanent, residence. This status expires after two years, during which time the couple must prove that their marriage is valid and ongoing.

If an immigrant is found to have committed marriage fraud, they will likely face deportation and have their visa revoked. Furthermore, they will be ineligible for future U.S. visas or green cards. Marriage fraud is also a criminal offence, punishable by up to five years in prison, a fine of up to $250,000, or both, according to Section 275(c) of the Immigration and Nationality Act (I.N.A.) and 8 U.S.C. Section 1325.

U.S. citizens or permanent residents who engage in marriage fraud can also face legal consequences. While the specific penalties for citizens or permanent residents are unclear, it is important to note that marriage fraud is a federal offence that can have serious repercussions.

It is worth noting that the discovery of marriage fraud can occur at various stages of the immigration process. U.S. immigration authorities may demand proof of the validity of the marriage during the initial application for a green card and again two years later when the immigrant applies to convert from conditional to permanent residence. Even after U.S. citizenship has been granted, the authorities may re-evaluate the marriage, potentially leading to revocation of citizenship.

In conclusion, marriage fraud is a severe offence that can result in deportation, visa revocation, and criminal penalties for immigrants, as well as legal consequences for U.S. citizens or permanent residents involved. The U.S. government actively scrutinizes marriages to detect and deter marriage fraud, and there is almost no point at which an immigrant committing marriage fraud is safe from discovery and subsequent repercussions.

Violating a restraining order

Restraining orders are a legal tool designed to protect individuals from domestic violence or harassment. These court orders restrict the actions of one person against another. Restraining orders can have significant implications for the individuals involved, particularly their immigration status.

If you are an immigrant in the United States with a restraining order against you, this can impact your ability to live and work in the country, especially if you possess or are seeking a visa or green card. The Immigration and Nationality Act (INA) holds that individuals found to have engaged in domestic violence or other specified offences may be deported or deemed inadmissible, making it difficult or impossible to obtain lawful residency.

If you are an immigrant facing a restraining order, it is essential to secure strong representation from an experienced immigration attorney to avoid life-altering repercussions in court, including potential deportation. An attorney can help you gather and present evidence to fortify your claims, such as witness statements, digital correspondence, or police reports. It is also imperative to adhere to all conditions or restrictions imposed by the court.

Voting illegally

In the United States, non-citizens, including permanent legal residents, are prohibited from voting in federal, state, and most local elections. Federal laws, including 18 U.S.C. 1015 and 611, explicitly ban foreign nationals from registering to vote or participating in federal elections. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 also explicitly prohibits noncitizens from voting in federal elections.

Despite these prohibitions, instances of non-citizen voting are extremely rare. However, voting illegally as a non-citizen can result in severe consequences, including deportation, conviction, imprisonment, and fines. These penalties apply regardless of intent, and even a simple mistake or misunderstanding can lead to significant repercussions. For example, in 2016, about 20 immigrants in North Carolina who believed they were eligible to vote faced potential deportation, imprisonment, and fines, even though many did not intentionally break the law.

In the case of Matter of Fitzpatrick, 26 I&N Dec. 559 (BIA 2015), the Board of Immigration Appeals (BIA) held that a Legal Permanent Resident was deportable under INA section 237(a)(6) for voting in violation of the law. The BIA solidified the seriousness of unauthorized voting by clarifying that a person's knowledge of their eligibility is irrelevant to their deportability.

It is important to note that while federal law does not prohibit noncitizens from voting in state or local elections, no state currently allows noncitizens to vote in statewide elections. However, a few municipalities, such as San Francisco, Oakland, some cities in Maryland and Vermont, and Washington, DC, have enacted laws allowing noncitizen residents to vote in certain local elections or non-federal elections. These communities maintain separate ballots or processes to ensure that noncitizens do not vote in federal or state elections.

Pleading guilty to avoid jail time

Pleading guilty is a big step in a criminal case. When a defendant enters a guilty plea, they admit to the charges and give up their right to a trial, including the right to have a jury of their peers and the right to make the prosecution prove the allegations beyond a reasonable doubt. In the US, the majority of cases are settled through plea agreements, with around 90% of people charged in federal criminal cases pleading guilty and not going to trial.

If you are a lawful permanent resident, it is important to be aware that pleading guilty to certain crimes can make you deportable. Therefore, if you are facing removal proceedings or believe you might have become deportable, it is essential to consult an immigration lawyer for assistance.

When it comes to pleading guilty, you have more than one option, and it is imperative to remember that you do not have to plead guilty. You have three options: guilty, not guilty, and no contest (a plea that does not admit guilt but accepts conviction). Deciding which plea to enter requires careful consideration and the advice of an experienced defense attorney.

In some cases, prosecutors may try to coerce a defendant to plead guilty by charging them with an offense that carries a mandatory minimum sentence if they refuse to accept a plea deal. This gives prosecutors tremendous power in plea bargaining, which has been criticized by some legal organizations.

If you are arrested, it is critical to consult with an attorney before engaging with law enforcement. You and your lawyer should plan a course of action and use the time before the case comes to court to prepare your defense.

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