December 5, 2024 | Criminal Law
Many immigrants in Cincinnati, OH, are worried about deportation after a criminal conviction. This is understandable. If you are lawfully present in the United States, you have probably worked very hard to achieve your legal status. It is devastating to find out that you could face deportation because of a mistake.
Certain categories and types of crimes can make you deportable. Even though these are deportable offenses, an attorney can help you fight against deportation. Furthermore, a criminal defense attorney can try to help you avoid a conviction for a deportable offense through negotiation with the prosecutor.
Crimes Of Moral Turpitude
Crimes of moral turpitude are crimes that involve dishonesty or shock the conscience. This is a broad category of crimes that is not well defined. Crimes of moral turpitude could include theft crimes, perjury, or extremely serious offenses like rape or murder. You can become deportable if you commit a crime of moral turpitude and if:
- You were admitted to the United States within the past 5 years or
- You have committed at least two separate crimes of moral turpitude
There is an exception to this rule called the petty offense expectation. If the crime of moral turpitude carries less than a year in jail and you served less than 6 months in jail, it may not qualify. This is common in shoplifting or minor theft cases.
Aggravated Felonies
Aggravated felonies are very serious crimes that are specifically listed in the federal law. If you commit an aggravated felony, you could be deported. Some of the most common aggravated felonies include:
- Murder
- Rape
- Sexual abuse of a minor
- Drug trafficking
- Firearm trafficking
- Kidnapping
- Child pornography
- Violent felonies with at least a year sentence
You can be deported for an aggravated felony even if the crime wasn’t completed. For example, if you conspire or attempt to commit an aggravated felony, it will still count.
Drug Crimes
A conviction for most drug crimes can also make you deportable. Many people are surprised to learn that even possession of a drug qualifies as removable. The only exception is for possession of marijuana under 30 grams for personal use. You can be deported for possessing over 30 grams even though possession of marijuana is legal in Ohio. That’s because possession of marijuana is still illegal under federal law, and federal law governs immigration and deportation.
Domestic Violence
The federal government takes domestic violence very seriously. You can also be deported if you are convicted of certain domestic violence offenses, including:
- Stalking
- Child abuse
- Child neglect
- Child abandonment
- Violation of a protective order
Furthermore, some domestic violence offenses could also be considered aggravated felonies or crimes of moral turpitude, depending on the circumstances.
Defenses To Deportation In Cincinnati, OH
Just because you are convicted of a deportable offense in Cincinnati doesn’t mean you will automatically be deported. The federal government needs to initiate removal proceedings. You have the right to a hearing and immigration lawyer at removal proceedings.
If the immigration judge determines that you were convicted of a removal offense, then you could have an option for relief available. There are many different types of relief from removal, including:
- Asylum
- Waiver
- Adjustment of status
- Cancellation of Removal
- Withholding
- Convention against torture
Some of these defenses to deportation are harder to achieve than others. Furthermore, if you unlawfully entered the United States, you will have an even harder time getting relief.
If you are a non-citizen charged with a crime, it is best to consult with an immigration attorney during your criminal proceedings. They can work with your criminal defense attorney to make sure you don’t plead guilty to a removable offense and set yourself up for the best defense possible in immigration court. If you have questions or concerns, contact Suhre & Associates DUI and Criminal Defense Law Firm as soon as possible to schedule a free consultation.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
United States
