Deportable Criminal Offenses In Nevada
Obtaining immigration status in the United States is a complex and lengthy process, involving months of paperwork, hearings, and interviews. It’s important to remember that immigrating to America is a privilege – not an inherent right – so there are certain expectations for how noncitizens must conduct themselves while here. If individuals fail to meet these requirements or break U.S law this may result in deportation; or removal from the country as punishment for neglecting their responsibilities as visitors or temporary residents of our nation. If you’re facing deportation proceedings in Nevada, it’s critical to reach out to a criminal defense lawyer as soon as possible to begin building your defense.
What Is Deportation?
Through deportation proceedings, the U.S. government can expel an immigrant or visa holder for violating a law or breaching their visa’s terms. A judge from an immigration court will preside over these hearings as civil matters rather than criminal-based; however, the federal authorities must also supply proof to support asking for the removal of said person(s).
What Can Lead To Deportation?
Could you be at risk of being deported from the United States? Here’s a helpful list that outlines the most frequent circumstances that can bring forth deportation proceedings. Immigration law in America consists of an exhaustive record of possible actions considered grounds for removal, including but not limited to unlawful entry into the country without approval from governmental authorities. It is important to understand these possibilities and take proper steps if needed.
Violating Conditions of Your Visa
Noncitizens can apply for and be granted U.S. visas for a variety of reasons, all with particular conditions attached to them. For example, individuals hoping to study in high school or college must obtain an F-1 visa before entering the country – but if things don’t go as planned during their course of study due to issues such as the sudden closure of their institution or not achieving minimal performance standards, they are required to voluntarily depart from the nation; otherwise, they could face deportation proceedings initiated by government officials.
Committing Certain Crimes
If you commit any of the crimes in Section 237 of the Immigration and Nationality Act, it can provide the government with a legal basis to take steps toward your deportation. This list is incredibly specific so not all crimes are included here. Generally speaking, severe violent acts as well as drug abuse, firearm-related offenses and money laundering could lead to deportation. The government can also seek for removal if someone has committed a crime that demonstrates moral turpitude; an act that goes against standard values of decency usually seen within society.
Failing To Report A Change Of Address
Your residency is often connected to your immigration status, so you must inform USCIS whenever you switch addresses. Neglecting to report a change of address could lead to deportation proceedings. However, there might be valid reasons for the change or failure to report it; that’s why it’s important that an experienced legal representative provides counsel in any immigration matters.
Becoming A Public Charge
As a reward for receiving the prestigious green card, recipients must swear that they can provide self-support within five years in the U.S., sans any help from national aid programs. However, if you suddenly require public assistance and accept it later on, then deportation could be enforced against you as punishment.
Penalties Differ Depending On Your Civilian Status
Legal Aliens
Non-citizens who hold lawful immigration status are called legal aliens – and while they may have permission to stay in the nation, deportation remains a risk if any deportable crime is committed. Such expulsion comes with serious consequences – not only will you be forced out of the country but face criminal penalties such as jail time or fines for your actions. Legal Aliens consist of those with permanent residence (like green card holders) and visa owners alike.
Illegal Aliens
People without a valid visa, more commonly referred to as “undocumented aliens,” live in constant fear of deportation. To avoid illegal immigration consequences, many choose to remain anonymous and out of the public eye so that they don’t bring unwanted attention to themselves. Unfortunately, even following all laws can not protect them from being forcibly removed from the country if discovered.
Crimes That Can Trigger Deportation
Aggravated Felonies
Various criminal offenses qualify for an aggravated title, including violent crimes like rape and homicide as well as open and gross lewdness involving a minor under the age of 16. Further, burglary, deception, and various forms of fraud may also be considered aggravated.
Aggravated felonies are typically those offenses that were committed with intent. A DUI in Nevada, for example, is not considered an aggravated felony as the prosecution doesn’t need to demonstrate that the driver meant to drive under the influence—simply driving while intoxicated will suffice for a conviction.
Drug Crimes
Nevada strictly enforces drug-related offenses, and even an admission of involvement in drugs or addiction could lead to deportation despite the absence of a conviction. The only exception is possession of marijuana for personal use if the amount does not exceed thirty grams – anything more than that may result in consequences beyond those faced by citizens.
Firearm Crimes
If you are found to be in possession of a firearm, no matter the type (from pistols and revolvers all the way down to spring guns), without proper authorization or attempting to purchase one unlawfully, it could result in your deportation. In fact, conspiring with others even just trying any of these acts can also lead to removal from the country. So beware: carrying a concealed weapon on your person is not only illegal but may bring about serious consequences!
Domestic Violence Crimes
This type of crime typically involves behavior that is violent or life-threatening to other people in the accused criminal’s orbit, such as a housemate, family member, romantic partner, or relative. Crimes like child abandonment, neglect, and abuse; stalking; and domestic violence can all lead to deportation from the U.S., among other serious consequences.
Judges overseeing immigration issues take domestic violence offenses seriously and usually book the accused. This is due to the fact that such crimes can be considered aggravated felonies or moral turpitude violations, both of which are grounds for deportation. And if a restraining order has been issued and broken by an alien? That’s even more likely to result in expulsion from the country.
Moral Turpitude
Crimes of Moral Turpitude (CIMT) can be a confusing concept due to its technical name. In essence, it refers to any behavior that goes against what is expected by the public – like kidnapping, murder or attempted murder, sexual assault, and battery, gambling-related crimes such as those connected with casinos, prostitution, and some forms of burglary.
If you are a non-citizen and have been convicted of a Crime Involving Moral Turpitude (CIMT), deportation may not be inevitable. A skilled criminal defense lawyer from the Spartacus Law Firm could help ensure that your stay in the US persists–particularly if you were admitted to the country over five years ago, or up to ten years depending on the circumstances. Additionally, assuming that the CIMT conviction was not classified as an offense punishable by imprisonment for more than one year will also play an important factor in averting removal proceedings.
Miscellaneous Crimes
In addition to all that has already been noted, several infrequent offenses can lead to deportation for non-citizens. Such examples include mistakenly asserting U.S. citizenship when not qualified, failing to report a new address in the allotted time frame, neglecting registration as a sex offender, displaying faked immigration paperwork, or evading an immigration checkpoint—all of which are punishable by removal from the country.
Security-Related Crimes
Engaging in espionage, treasonous activity, sedition and any other form of criminal behavior that may harm national security or the American public could be grounds for deportation. These matters can often involve delicate nuances and therefore it is essential to seek legal counsel from an experienced attorney who has a thorough understanding of this particular area of law.
Other Possibilities of Deportation
Upon entering the United States, some aliens can be immediately deported. This process usually starts with a period of detainment at the border before being sent back to their respective nations. Among such scenarios are:
- Marriage Fraud – If an alien were to marry solely for the goal of acquiring entrance into the United States, or any other form of immigration respite.
- Smugglers – If you have aided an alien in illicitly entering the United States, either through a family member, friend, or stranger, legal consequences may occur. Depending on the severity of your cooperation and the amount of time passed since your lawful entry into the US (over 5 years) this punishment can be retracted.
- Violation of Non-Immigrant Status – This would relate to any alien who has disregarded regulations imposed upon them when they initially entered the country. If someone came into America on a non-immigrant visa and failed to keep up their status, they too could be defying this directive.
- Present Violation of the Law – This would apply to any extraterrestrial who is currently contravening a U.S statute or if the state has decided to rescind their valid Visa.
- Inadmissible Aliens – Should an alien already be classified as inadmissible and they are apprehended while attempting to enter the United States, they will swiftly be returned.
Frequently Asked Questions
What Is The Deportation Process?
Much like a criminal trial, deportation proceedings launch with an arrest that is enabled by federal authorities who have suspicions that somebody may be deportable. This can occur during local law enforcement stops or when officers report any likely violations of immigration status for people in their custody. Depending on the situation, detainees may remain confined before appearing at an immigration court hearing and potentially facing deportation consequences.
Depending on the circumstances, immigration authorities may take immediate steps to deport an individual. In other cases, proceedings move forward in immigration court where evidence from both sides is heard. All individuals have the right to be represented by counsel during this process and if deportation is approved as a result of these hearings, Immigration and Customs Enforcement will make arrangements for carrying out said order.
Can You Fight Deportation?
Our criminal defense lawyer is here to help you understand and navigate the deportation process. You have a right to due process, so our team of professionals will work with you every step of the way in order to build an effective defense strategy for your case. In immigration court, we can look into several topics such as:
- Procedural errors in serving the notice to appear.
- Mistakes in record-keeping that indicate the wrong immigration status.
- Having a need for asylum protections.
- Doubts about the alleged crime being a legitimate basis for a deportation request.
- Proving long-standing ties to the community as justification for remaining in the country.
Can I Be Deported When Entering The US?
Entering the United States can be a challenge for some non-citizens, who may find themselves promptly taken into custody and deported if they are deemed deportable. Those individuals typically belong to one of these categories:
- Inadmissible aliens: At the time of their U.S. entry, individuals from other countries who have committed drug trafficking or plan to traffic prostitutes are legally deemed inadmissible and thus denied entrance into the country.
- In present violation of law: Any foreign national who is currently in breach of any U.S. law or whose non-immigrant visa has been annulled;
- In violation of non-immigrant status or condition of entry: Aliens who have not stayed within the bounds of their non-immigrant status, as well as those that have neglected to adhere to stipulations placed upon them, must be held accountable for any violation of legal terms.
- Smugglers: Any alien who knowingly aids, abets, or encourages a fellow alien to enter the U.S. illegally is subject to punishment at any point before entry into the country, during their entrance process, or within five years of their date of entry.
- Marriage Fraud: The Attorney General can single out any foreign national who entered into a marriage exclusively to gain the right of entry or other immigration benefits in the United States.
Can You Appeal A Deportation Order?
If a judge has recommended your removal from the country, you may be able to lodge an appeal with the Board of Immigration Appeals. Generally, this board does not meet for formal proceedings—judges usually just review records and any motions submitted by your counsel or government on paper. However, there are situations where oral arguments are necessary.
The board’s rulings are considered legal and binding but can be overturned by the U.S. Attorney General at the administrative level in certain cases. If your appeal is rejected, you have one additional resort to pursue – taking it to the federal court system where an exception may arise allowing further appeal up to the Supreme Court of the United States (SCOTUS). Although this path is uncommonly taken, there lies a possibility that justice will prevail.
Contact Our Las Vegas Deportation Defense Lawyer Today
If you are facing deportation proceedings, it is essential to have legal representation from a knowledgeable and experienced deportation defense attorney in Las Vegas. At the Spartacus Law Firm, our legal team has a deep understanding of immigration law and will fight tenaciously for your rights. Contact us today for a consultation and to learn more about how we can help you fight deportation proceedings in Nevada.
