Deportation and Denial of Admission (Inadmissibility)

When a non-citizen is convicted of a crime in California, the conviction can result in immigration consequences. The two types of immigration consequences are deportation and denial of admission or inadmissibility. Deportation is the forced removal of the individual from our country. If a defendant were convicted of a deportable crime, he could be placed in removal proceedings (a type of immigration hearing) and an immigration judge could order his deportation.

Denial of admission does not result in an automatic or immediate removal but instead has two long-term consequences – (1) a defendant cannot change or renew their status in this country and (2) the defendant becomes ineligible to re-enter the country. For example, if a defendant was here on a H1-B visa and was convicted of a crime that made him inadmissible, then he would not be able to renew his visa and he would not be able to obtain permanent residency. If this defendant cannot renew his visa, then when his visa expires, he will be in the country illegally. Furthermore, if this defendant left the country, even while his visa was still valid, he would not be allowed to re-enter the United States if he has a conviction that makes him inadmissible.

Obviously, a non-citizen wants to avoid both deportation and denial of admission. However, a defendant who is a permanent resident might be able to plead to a crime that results in inadmissibility under certain situations, whereas a defendant who is here on a visa must avoid both deportation and becoming inadmissible. Regardless of whether a defendant is here on a visa or is a permanent resident, a conviction for a crime that makes one inadmissible will prevent the defendant from leaving and re-entering the country legally. However, a visa holder who becomes inadmissible will at some point in time be staying in this country illegally. Every visa must come up for renewal and when that time comes, the defendant will either have to leave the country permanently or stay here illegally. However, a permanent resident can stay here forever without changing their status. A permanent resident who is convicted of a crime that makes them inadmissible will never be able to become a US citizen, but they can still legally stay in the United States for the rest of their life. Ideally, a permanent resident should have a resolution that avoids both deportation and becoming inadmissible, but they have more options than a defendant who is here on a visa.

Common crimes in California that result in deportation include:

1) Any crime of moral turpitude where the maximum sentence is one year or more and the crime was committed within 5 years of the defendant’s last admission into this country;

2) Any two crimes of moral turpitude not arising out of single scheme of criminal conduct;

3) Any aggravated felony involving murder, rape, sexual abuse of a minor, drug trafficking, firearm trafficking, ex-felon in possession of a firearm, destructive devices or explosive materials, fraud where the loss exceeded $10,000, owning a prostitution business and some types of drug possession;

4) Any aggravated felony where the actual sentence was 1 year or more and the crime involved a violent crime, Penal Code sections 487 (grand theft) or 459 (burglary) or 496 (possession of stolen property), bribery, forgery, perjury, document fraud, obstruction of justice, cars with altered VINs;

5) Firearm offenses.

6) Domestic violence or stalking.

7) A violation of a domestic violence restraining order – no conviction required!

8) Failure to register pursuant to Penal Code section 290;

9) Drug offenses except for possession of less than an ounce of marijuana and possibly possession of drug paraphernalia. However, relief from deportation may be possible for drug offenses that are not aggravated felonies.

Common California crimes that result in denial of admission or inadmissibility include:

1) Any crime of moral turpitude (including domestic violence). However, there is a “Petty Offense” exception as well as a “Youthful Offender” exception to this rule.

2) Any set of multiple convictions where the total sentence equals 5 years or greater.

3) Any drug offense except possession of less than an ounce of marijuana.

4) Drug trafficking – no conviction required!

5) Prostitution as it relates to pimps and prostitutes, but not clients – no conviction required!

Some crimes have immigration consequences regardless of the sentence, some crimes only have immigration consequences if a particular sentence is given and some crimes only have immigration consequences if the factual basis is written in a particular way. It is incredibly important to have a criminal defense attorney that is intimately familiar with the immigration consequences of all crimes and sentences, so that the attorney can properly advise non-citizens about their immigration issues and can negotiate plea bargains that avoid immigration consequences. The attorneys atRight Choice Lawpride themselves on their in-depth knowledge of immigration consequences for criminal convictions and can help non-citizens negotiate the right deal to allow them to stay in this country safely.