August 28, 2017By Brian Manchester
The short answer to this is yes.
Deportation to individuals that are not United State Citizens depends completely on your legal status and what charges were filed against you. In addition if your case goes all the way to where you are sentenced your sentencing has a huge factor in whether or not you will be deported or bared from reentering the United State.
Some of the offenses that could cause a loss of or prevention of obtaining legal status to enter the United State are crimes of Moral Turpitude. These types of crimes are those dealing with theft, fraud, and forgery. Other types of offense are those in which there is bodily harm involved in the offense including most sexual offenses. This includes prostitution. Crimes involving controlled substances (drugs) especially if you are determined to be a drug trafficker. Another automatic trigger for an investigation is if you are convicted of multiple offenses where your punishment is longer than five years.
If you are a noncitizen but have legal status such as a lawful permanent resident green card holder, or have refugee status you can lose your status and could face possible deportation for a lot of criminal convictions. A conviction of a controlled substance offense, unless it is for a small amount of marijuana 30 grams or less. Again we have to deal with Crimes of Moral Turpitude if committed within five years of gaining your legal status, or if you have committed two of these offenses at any time after being admitted into the United States. All crimes which deal with the use of or possession of a firearm or destructive device. Any conviction of domestic violence, crimes against children, or violating a protective order. Most felony charges including but not limited to drug trafficking, forgery, tax fraud, violent crimes, sexual offenses, aggravated assault, and even charges of attempt or conspiracy. A good way to look at off the possible offense is if it carries a possible sentence of jail for longer than a year, you could be a risk of being deported.
Obviously the best way to prevent any of these issues is to not be convicted at all. If there is no conviction then there should be no issue with your legal status.
It is extremely important to contact an experienced law firm right away if you or someone you know is facing criminal charges in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates we represent people across the Commonwealth of Pennsylvania. For a free consultation we can be contacted at 1-800-243-4878.
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