Q#1: I have heard that I can lose my Green Card if I have a criminal conviction. Is this true?
A#1: It depends. The immigration law says that if a Green Card holder is found guilty of certain types of criminal convictions, the government can take away their Green Card and deport them.
Q#2: What types of “less serious” crimes would a person most likely not be deported for?
A#2: It is unlikely that you would be deported for speeding tickets or other infractions, but if you have a conviction for other crimes, even if they do not seem very severe, you may still be deported.
Q#3: What are the most common criminal matters that a person can be charged with and still be deported by the government?
A#3: Convictions that can result in you losing your Green Card are typically due to crimes involving moral turpitude.
Q#4: What is a crime involving moral turpitude that prevent you from being able to show that you have good moral character?
A#4: A crime of moral turpitude is defined vaguely but is generally considered to be a crime that is “vile and contrary to the rules of morality.”
Q#5: What are some examples of crimes involving moral turpitude that might result in a Green Card holder being deported?
A#5: Spouse abuse, child abuse, robbery, aggravated assault, multiple DUI’s, hit and run attended, controlled substance offenses, and theft.
Q#6: How will the government know that I was convicted?
A#6 In some places, the police and local courts are in touch with Immigration and Customs Enforcement (ICE) agents and when a Green Card holder is in jail for such a charge, the jail notifies ICE and ICE then asks for the jail to transfer them to the immigration detention center to start the deportation process. Additionally, person are vetted for criminal issues at the border whenever they re-enter the United States after international travel, or when they apply for Green Card renewal or U.S. Citizenship.
Q#7: I’m confused. My friend who is a Green Card holder had a conviction for spousal abuse, but he was not deported. How can this be?
A#7: If a person was convicted of spousal abuse or another criminal issue before ICE became aware, then the person was very lucky. However, this can still affect them negatively in the future if they ever leave and try to re-enter the country, each time they have to renew their Green Card, and if they ever decide to apply for U.S. Citizenship. Immigration can decide at that point if they want to start removal proceedings. That having been said, each case is fact specific and some people who might have serious criminal issues may still qualify to remain in the United States based on other factors or other immigration options notwithstanding their criminal background.
Q#8: What can a Green Card holder with a serious criminal conviction do if they plan to travel outside the U.S., renew their Green Card, or apply for U.S. citizenship?
A#8: They should speak to an experienced immigration attorney. There are myriad criminal charges and sentences that can result in deportation, and the rules vary from state to state, so it is important to know if and how a charge is going to affect your legal status.
Q#9: I don’t have any criminal charges. What can I do to avoid these types of issues as a Green Card Holder?
A#9: First, you should continue to avoid any type of criminal activity. Second, you should become a U.S. Citizen. A U.S. Citizen cannot be deported regardless of any subsequent criminal charges.
Eamonn P.S. Roach is an attorney of the firm Roach & Bishop, LLP in Pasco, Washington, who practices immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com.
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