If you are in the United States as a non-US Citizen, you want to be careful that you do not do anything that can get you in trouble such as commit a crime. The reason you want to obey the law while in the United States is that apart from being sent to jail and/ or possibly fined, you may find yourself in removal proceedings.
Removal Proceedings is the new term for deportation. This means that the United States government is taking the steps to legally remove you from the country and send you back to the country where you originally came from. As a visitor to the United States (even as a Green Card Holder), you do not want this. If you are removed from the United States, it will be very difficult to be able to renter the country. However, you are not removed from the country immediately.
Before the United States Government can deport you, you are first allowed a trial in Immigration Court. Here, you will present your case as to why you should be allowed to remain in the country. The United States government will use your arrest as grounds to remove you from the country. The responsibility falls on you to show the Immigration judge why you should be allowed to remain in the country.
You must also consider that not all crimes are looked upon equally. For example, receiving a ticket for speeding is classified as an infraction in the United States. You did commit a crime by breaking the speed limit, however the crime is so low that you would not likely face removal proceedings for this act alone.
A more serious type of crime is the Misdemeanor. This is a crime where you can be punished with jail time or a small fine, or both. These crimes include battery, driving while under the influence, or petty theft, to name a few. These crimes may be grounds for deportation and can be used against you in removal proceedings.
Finally, we have the most serious crimes, the felonies and crimes of moral turpitude. A few examples of these crimes are: Child Abuse, Burglary, Murder, and Rape.
Fortunately, being convicted of a crime does not mean you will automatically be deported. As stated earlier, you will be allowed to plead your case in Immigration Court. This is why it is important to seek the help of a trained and experienced immigration attorney to better represent you in this matter.
This is a Criminal Immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA).
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