What Crimes Trigger Deportability of a Foreign National?

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An individual who is in the United States pursuant to a valid lawful status is subject to deportation if a criminal arrest results in the following:

  • A conviction for a single crime involving moral turpitude that was committed within five years of admission and is punishable by imprisonment of at least one year.
  • Convictions for two or more crimes involving moral turpitude not arising from a single scheme of misconduct.
  • Conviction for an aggravated felony at any time after admission into the United States.
  • A conviction for failing to register as a sex offender.
  • A conviction for a violation of a federal, state, or foreign law or regulation relating to a controlled substance.
  • A conviction relating to a firearm or other destructive device.
  • A conviction for an offense related to espionage, sabotage or treason.
  • A conviction under the Military Selective Service Act or Trading with the Enemy Act.
  • A conviction for high speed flight from an immigration checkpoint.
  • A conviction for an offense related to launching an expedition against a country with which the United States is at peace.
  • A conviction for a crime of domestic violence, stalking, child abuse, child neglect or child abandonment.
  • A conviction relating to human trafficking.

Violations of protective orders related to violence or harassment may also trigger deportability. Of particular concern are the crimes of "moral turpitude". Moral turpitude refers generally to conduct that shocks the public conscience. Offenses such as murder, voluntary manslaughter, kidnaping, robbery, and aggravated assaults involve moral turpitude. However, assaults not involving dangerous weapons or evil intent have been held not to involve moral turpitude. An experienced Maryland criminal defense attorney and Maryland DUI lawyer can negotiate a plea with the State that eliminates charges involving "moral turpitude" in exchange for guilty pleas for crimes which carry less or no potential for deportability. In addition, a skilled Maryland criminal defense attorney and Maryland DUI lawyer can often argue successfully for a probation before judgment or stet disposition that allows a defendant to avoid a criminal conviction.

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