Foreigners in USA crime after immigration consequences

A broadcast in September 30, 2006
Reporter: sub micro | Washington

Foreigners in American life, study or work, some already became a America citizens, some though not America citizens, but some of them have permanent residency status, also is often said that the green card holding a student visa, some, some holding work, tourism or visiting relatives and other non immigrant visa for illegal, in addition there are no identity. According to the regulations America immigration law, in addition to the staff American citizen outside belong to
Foreigners, national refers to American overseas territory residents. If foreigners during their stay in America committed a crime, America immigration will depend on the nature of the crime and the severity, decide whether to give its permanent residency or citizenship, guilty of felony and may be deported. Here, we talk about foreigners if American crime immigration status of what will be affected.

* misdemeanor and felony immigration consequences *

Some misdemeanor, for example, someone crime sentence of up to more than a year, the actual sentenced to no more than half a year, and only a crime, then in general, he will not be deported. Michigan immigration law and criminal law lawyer Ronald Kaplowitz (Ronald Kaplovitz) said: "the impact of some crime foreigner will not, this is usually very light crime, and only a crime.

A typical example is, someone because of drunk driving arrest, but he only has a criminal record. In the state of Michigan, the highest this kind of crime sentence is ninety-three. Such a crime should not affect immigration status. However, if someone is convicted of a felony, such as violence, moral sin, then his identity will be affected, and may be deported."

California immigration lawyer Wang Xiaohe introduced what crimes may lead to deportation consequences. He said: "a moral crime, such as stealing or commercial fraud, some crime seems does not involve the moral quality, such as family violence or possession of drugs, but they may also be regarded as the moral qualities of crime. If an entry in the USA within five years, made two relates to moral character of the crime, will be deported. Another kind is a felony, such as murder, rape, or serious demographic and drug trafficking crime, or caused to the victims of more than $ten thousand in losses, made these foreigners felony type, also want to be deported."

Ronald Kapuluoweici lawyer said, definition relates to moral conduct crime is very wide, generally refers to the motive for the crime of malicious. He said: "any theft, violence, drugs and crime of holding weapons attack can be regarded as ethical conduct crime, most involving firearms charges, crime, malicious destruction of property, family violence and drunk driving can be regarded as ethical conduct crime."

A lot of moral conduct crime is a felony, such as stealing not only relates to moral crime, and, if convicted of more than one year, can also be a felony.

Above, we talked about in the USA if committed a felony, could face deportation consequences. Deportation is the most serious consequences, a consequence of the lighter is the loss of permanent residence status. Wang Xiaohe lawyer said, if someone is found to applying for a green card is guilty of a crime, his green card application may not be approved. He said, in his handling of the case, during 1999 and 2000. Three of credit card fraud, once or felony. The man and America citizens to apply for a green card, immigration, this situation does not meet the conditions to get a green card, therefore rejected his application.

Wang Xiaohe lawyers pointed out, the application America citizens than the more stringent requirements to apply for a green card. He said: "foreigners in the application American citizenship, immigration requirements for him in the past five years have good moral character. If you commit a crime in seven years ago, was sentenced to three years probation, even the crime itself is not very serious, but, because of the past five years one year is in the probation period, also not be approved, because immigration will think, you in the probation period, can not say that you have good moral character."

Immigration reform * *

In 1996, USA Congress passed two laws, a comprehensive reform relates to immigrants, known as the "illegal immigration reform and Immigrant Responsibility Law", legal reform and another involved in criminal activities or terrorist activities, known as the "fight against terrorism and effective Death Penalty Act", the two law to can lead to deportation the scope of crime from the past several to dozens of, the past can be pardoned crime, now has been listed as a felony, but may lead to the consequences of the deportation, two law strictly limits the right of judicial review of the federal courts, used by the federal court of appeal case processing, now the Bureau of immigration you can make a final decision.

America Washington immigration lawyer Michael Ma jiao (Michael Maggio) said: "before 1996, if you commit a sin, forgiveness than it is now much easier. Permanent residents made what crime, almost all of them in the America may request the residence time, in America family relationships, contribution to the community and employment history and other factors used to offset the crime, if he can prove his good side is greater than the bad aspects, can stay in USA. But 96 years later, according to the new law, criminal conviction by foreigners to obtain forgiveness and limited ability, now pardoned although not impossible, but a lot harder than it used to be."

Lawyer Wang Xiaohe further explained: "96 years ago, most crime personnel as long as the America residence for a period of time, have a certain relationship, generally can be exempted, so, if 96 years ago the crime, in the scope of application of the old law, then it is very easy to forgive. A we recently to handle the case is such, a person 96 years ago made drugs crime, to apply for a green card, immigration to deport him out, but he used 96 years before the application for pardon the way the court pardoned him, he left, and approved. but, if the use of 96 years after the new law, he is not to forgive, because according to 96 years after the new law, such felony drug is not able to forgive, no matter you have what kind of kinship, or deported relatives caused much on the difficulties, have not to."

Wang Xiaohe lawyers pointed out, the other may lead to immigration law enforcement consequences of crime and smuggling organization, help transfer or hide people etc.. He said, although some foreigners cannot be convicted in court, but may still be deported, because immigration as long as they can in a clear and convincing evidence, the foreigners in violation of immigration law, it can be deported.

* the deportation and remedy *

Guilty of felony and sentenced foreigners, usually in full term, and exit by immigration and deportation. America Washington, "the Washington legal foundation" counsel Richard Tharp (Richard Samp) said: "if you have committed a felony, will first be put into prison. Only after you have full term, will be brought to the immigration officer there, they will immediately start applying for deportation procedures, and has no right to approve you stay USA. In order to ensure that the deportation of the day to find you, they'll put you in custody, until they are ready to put you on a plane home."

Michael Ma Jiao lawyers said: "usually, foreigners after committing a crime, according to the provisions of America immigration law, they during the defend themselves are usually locked up. Even if the immigration office finally decided to forgive him, allowing him to retain permanent residency status and continue to stay in the America, he in this period was held a few months is possible."

You may ask, if these foreigners in their own country would not like to receive what they do? Richard Tharp lawyer said: "for example, if a foreigner from Cuba, Vietnam or Kampuchea, these countries are usually not receive them back. USA court said, in this case, if a foreigner with nowhere to go, can't permanently detained them, but should be released in their full term, allowing them to stay in American, until American convince their countries to agree to their home."

Needs to be pointed out is, USA law also give criminal Aliens applying for redress and forgiveness in the right, that is to say, to want to stay at USA foreigners claim exemption opportunity. Ronald Kapuluoweici lawyer, for example, in his handling of the case, one from Scotland, has to get a green card women drunk driving, although no accidents, however, was sentenced to a year. However, they passed a law program, ask the court to keep her sentence reduced to less than a year, finally allowed her to remain in the USA.

Wang Xiaohe lawyers also pointed out that, although there are some remedies to let foreigners convicted forgiveness forgiveness, but very strict conditions, ordinary people can not meet the relevant conditions. Generally speaking, to be exempted, foreigners must prove that, if not exempt, will give him the American relatives, such as a spouse or parent is very difficult.

* foreigners America should pay attention to the problem of *

In addition to not crime, should pay attention to American Chinese overstaying problems to visit relatives, although staying late does not generally lead to be deported or refused entry consequences, but violates the relevant provisions of the Immigration Act, will adversely affect their. Wang Xiaohe lawyers said: "the new immigration law, if you USA overstayers, over immigration in the entry of the I-94 card you approve your residence time, but has not been approved by the Department of immigration overdue for more than half a year, if you go America, then three years not to come back. When you apply for a visa, if the consulate found this problem, will not give you a visa. If you exceed the stipulated in the America time of the year, then leave America, America back then ten years are not allowed."

Another important question is, if a foreigner in American before, in his own country with a criminal record, for example once committed murder, rape, arson, robbery and other aspects of the crime, then he is unable to enter the America. If it relates to a misdemeanor, it is best to contact an attorney, when applying for a visa, make the necessary explanations to the nature of the crime and the crime time etc., and provide the necessary materials, by America officials decide whether to approve his entry. A
In general, the possibility of foreigners at the airport was found with a criminal record is relatively small, but once found, will be the immigration case according to the priorities to decide whether or not to deport the aliens. Even if not his deportation, may in the future he apply for a green card or citizens again for him to take the necessary action.

Richard Tharp lawyer said: "if you tried to enter the USA at the boundary, and American government finds you have criminal records in their own countries, they will not let you enter, and will not let you down. Even if they let you enter, will put you in the entry clearance at the detention center. If you have entered the American, American government find that you have a criminal record, if you can prove you once were sent to Congress of persecution, and successfully applied for and received political asylum, they will let you stay."

Wang Xiaohe lawyer advised foreigners law-abiding. He said: "after the foreigners to USA, should strictly abide by the laws USA, whether to apply for immigration, or engage in other activities, if not required by law to do, get things in the short term, but the consequences from a long-term point of view is very serious. For many in the America has established a career and family man, you committed some crime, the criminal punishment may or small, once be deported, family and career have been seriously affected, may be more serious than criminal punishment."