quick reference chart and notes for determining immigration - ILRC
quick reference chart and notes for determining immigration - ILRC
quick reference chart and notes for determining immigration - ILRC
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Cali<strong>for</strong>nia Quick Reference Chart <strong>and</strong> Notes<br />
February 2010<br />
from admission into the United States if outside the country; <strong>and</strong> may be barred from<br />
applying <strong>for</strong> some waivers as a defense to being removed. The crimes-based grounds of<br />
inadmissibility also are incorporated as a bar to establishing “good moral character” under 8<br />
USC § 1101(f), which is a requirement <strong>for</strong> other relief, such as naturalization to U.S.<br />
citizenship <strong>and</strong> relief <strong>for</strong> abused spouses <strong>and</strong> children under VAWA.<br />
Undocumented immigrants <strong>and</strong> others applying <strong>for</strong> some relief need to avoid becoming<br />
inadmissible. In addition, some permanent residents who are deportable will “re-immigrate”<br />
through a new family visa petition as a defense to removal, <strong>and</strong> they too will need to avoid<br />
being inadmissible. Permanent residents who travel outside the U.S. must not be<br />
inadmissible.<br />
‣ The multi-part definition of aggravated felony, at 8 USC § 1101(a)(43). Aggravated felony<br />
convictions bring the most severe <strong>immigration</strong> consequences. Everyone wants to avoid this<br />
type of conviction. The conviction is a ground of deportability <strong>and</strong> also a bar to almost every<br />
application or relief. “Aggravated felony” is a misnomer; currently the category includes<br />
many misdemeanors that are not particularly “aggravated.”<br />
These three categories comprise the most common, but not all, of the adverse<br />
<strong>immigration</strong> consequences that flow from convictions. 10 In particular, see Part C Asylee <strong>and</strong><br />
Refugee Status, <strong>and</strong> Temporary Protected Status.<br />
2. Offenses Listed in the Grounds of Inadmissibility <strong>and</strong> Deportability<br />
The following <strong>chart</strong> shows the types of convictions or evidence of criminal activity that<br />
come up in state court proceedings that can make a noncitizen deportable or inadmissible. The<br />
third list of offenses, aggravated felonies, are discussed separately below.<br />
10 Other consequences beyond being deportable, inadmissible or an aggravated felon can adversely affect persons<br />
applying <strong>for</strong> asylum (if convicted of a “particularly serious crime”), temporary protected status (if convicted of two<br />
misdemeanors or a felony), or a few other types of <strong>immigration</strong> status. See discussion in Chapter 11, supra.<br />
Immigrant Legal Resource Center N-11