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 />
Grounds of Deportability Based on<br />
Crimes, 8 USC § 1227(a)(2)<br />
(Conviction or conduct must be after<br />
admission to U.S.)<br />
Conviction of crime of domestic violence,<br />
child abuse, or stalking; judicial finding of<br />
a violation of DV protection order; all<br />
after 9/30/96<br />
Firearms offense<br />
Conviction/s of a crime involving moral<br />
turpitude (CMT):<br />
--Two convictions after admission, unless<br />
they were part of a single scheme; or<br />
--One conviction with maximum sentence<br />
of at least 1 yr, committed within 5 years<br />
of admission<br />
Grounds of Inadmissibility Based on Crimes,<br />
8 USC § 1182(a)(2)<br />
(Offenses committed anytime)<br />
No per se domestic violence, child abuse, or stalking grounds<br />
(But check to see if the offense also constitutes a crime<br />
involving moral turpitude (“CMT”), which can cause<br />
inadmissibility)<br />
No per se firearms ground (Unless the offense is also a CMT)<br />
One conviction of a crime involving moral turpitude (CMT),<br />
but not inadmissible if it comes within<br />
--Petty Offense Exception (first CMT ever committed, has a<br />
maximum possible sentence of one year or less, sentence<br />
imposed was 6 months or less) or the<br />
--Youthful Offender Exception (convicted as an adult of only<br />
one CMT, committed while under 18, conviction or resulting<br />
imprisonment occurred at least five years ago)<br />
None<br />
Conviction of offense relating to a<br />
controlled substance, with automatic<br />
exception <strong>for</strong> single conviction 30 gms<br />
marijuana<br />
None<br />
Drug addict or abuser at any time after<br />
admission<br />
None<br />
None<br />
Formally admit committing a CMT, even with no conviction<br />
Conviction of offense relating to a controlled substance, with<br />
possible discretionary waiver in certain cases <strong>for</strong> single<br />
conviction 30 gms marijuana, under INA § 212(h) (but do not<br />
rely on the client winning this waiver)<br />
Formally admit committing a controlled substance offense,<br />
even with no conviction<br />
Current drug addict or abuser (see § 1182(a)(1))<br />
Government has “reason to believe” person was or helped a<br />
trafficker; conviction not required<br />
5 yr aggregate sentence <strong>for</strong> two or more convictions of any type<br />
Conviction <strong>for</strong> running non-USC<br />
prostitution business<br />
Convicted of an aggravated felony<br />
Engaging in prostitution (conviction not required)<br />
No per se aggravated felony bar (but many AF offenses also are<br />
a CMT, drug offense, or other inadmissibility category)<br />
N-12 Immigrant Legal Resource Center