quick reference chart and notes for determining immigration - ILRC

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California Quick Reference Chart and Notes February 2010 from admission into the United States if outside the country; and may be barred from applying for some waivers as a defense to being removed. The crimes-based grounds of inadmissibility also are incorporated as a bar to establishing “good moral character” under 8 USC § 1101(f), which is a requirement for other relief, such as naturalization to U.S. citizenship and relief for abused spouses and children under VAWA. Undocumented immigrants and others applying for some relief need to avoid becoming inadmissible. In addition, some permanent residents who are deportable will “re-immigrate” through a new family visa petition as a defense to removal, and they too will need to avoid being inadmissible. Permanent residents who travel outside the U.S. must not be inadmissible. ‣ The multi-part definition of aggravated felony, at 8 USC § 1101(a)(43). Aggravated felony convictions bring the most severe immigration consequences. Everyone wants to avoid this type of conviction. The conviction is a ground of deportability and also a bar to almost every application or relief. “Aggravated felony” is a misnomer; currently the category includes many misdemeanors that are not particularly “aggravated.” These three categories comprise the most common, but not all, of the adverse immigration consequences that flow from convictions. 10 In particular, see Part C Asylee and Refugee Status, and Temporary Protected Status. 2. Offenses Listed in the Grounds of Inadmissibility and Deportability The following chart shows the types of convictions or evidence of criminal activity that come up in state court proceedings that can make a noncitizen deportable or inadmissible. The third list of offenses, aggravated felonies, are discussed separately below. 10 Other consequences beyond being deportable, inadmissible or an aggravated felon can adversely affect persons applying for asylum (if convicted of a “particularly serious crime”), temporary protected status (if convicted of two misdemeanors or a felony), or a few other types of immigration status. See discussion in Chapter 11, supra. Immigrant Legal Resource Center N-11
California Quick Reference Chart and Notes February 2010 Grounds of Deportability Based on Crimes, 8 USC § 1227(a)(2) (Conviction or conduct must be after admission to U.S.) Conviction of crime of domestic violence, child abuse, or stalking; judicial finding of a violation of DV protection order; all after 9/30/96 Firearms offense Conviction/s of a crime involving moral turpitude (CMT): --Two convictions after admission, unless they were part of a single scheme; or --One conviction with maximum sentence of at least 1 yr, committed within 5 years of admission Grounds of Inadmissibility Based on Crimes, 8 USC § 1182(a)(2) (Offenses committed anytime) No per se domestic violence, child abuse, or stalking grounds (But check to see if the offense also constitutes a crime involving moral turpitude (“CMT”), which can cause inadmissibility) No per se firearms ground (Unless the offense is also a CMT) One conviction of a crime involving moral turpitude (CMT), but not inadmissible if it comes within --Petty Offense Exception (first CMT ever committed, has a maximum possible sentence of one year or less, sentence imposed was 6 months or less) or the --Youthful Offender Exception (convicted as an adult of only one CMT, committed while under 18, conviction or resulting imprisonment occurred at least five years ago) None Conviction of offense relating to a controlled substance, with automatic exception for single conviction 30 gms marijuana None Drug addict or abuser at any time after admission None None Formally admit committing a CMT, even with no conviction Conviction of offense relating to a controlled substance, with possible discretionary waiver in certain cases for single conviction 30 gms marijuana, under INA § 212(h) (but do not rely on the client winning this waiver) Formally admit committing a controlled substance offense, even with no conviction Current drug addict or abuser (see § 1182(a)(1)) Government has “reason to believe” person was or helped a trafficker; conviction not required 5 yr aggregate sentence for two or more convictions of any type Conviction for running non-USC prostitution business Convicted of an aggravated felony Engaging in prostitution (conviction not required) No per se aggravated felony bar (but many AF offenses also are a CMT, drug offense, or other inadmissibility category) N-12 Immigrant Legal Resource Center
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