Michigan Criminal Conviction Immigration Status:
Worried about Michigan Criminal Conviction Immigration Status ? You should be, According to the Washington Post, immigration arrests rose 32.6%, compared to the previous year, within the first weeks of President Trump taking office. Between January-March 2017, U.S. Immigration and Customs Enforcement (ICE) arrested 21,362 illegal immigrants, most of them having criminal records.
The application process to become a U.S. citizen is a lengthy and difficult process. To initiate the naturalization process, the lawful permanent resident (LPR) must first complete the Form N-400. In order to become a citizen there are requirements that an applicant must meet. One of these requirements is to have Good Moral Character (GMC). GMC is usually measured against the standard of the average citizen in the community where the applicant resides. The applicant must show that he/she has been a person of GMC during the statutory period prior to their application. The statutory period is 5 years, unless your spouse is a citizen, making it 3 years. The ways that GMC is assessed is by reviewing the applicant’s criminal record, their statements in their application, and the oral testimony provided during their interview.
Need Help? Call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message. The attorneys at Garmo & Kiste, PLC are experienced criminal defense attorneys and will fight for your rights.
Immigration Status & U.S. Citizenship and Immigration Services (USCIS):
U.S. Citizenship and Immigration Services (USCIS) decide whether or not an applicant is granted or denied naturalization. Every application is determined on a case by case basis. Usually the officer reviewing the case has the ultimate discretion in deciding whether or not an application for naturalization should be granted or not. The officer can also decide to recommend removal proceedings or not. There are only two cases in which the officer has to automatically deny the applicant the ability to become a U.S. citizen. If the applicant is convicted of murder or an aggravated felony, the application is automatically denied. Basically, the U.S. believes that if you have been convicted of murder or an aggravated felony, you have bad moral character and therefore cannot become a U.S. citizen, ever.
Immigration Status & aggravated felonies:
Some crimes that are considered aggravated felonies are expected, while others are surprising. The crimes that fall into this category do not need to be “aggravated” or a “felony.” There are some nonviolent misdemeanors that are considered aggravated felonies under immigration laws. Some examples of aggravated felonies are: murder, rape, sexual abuse of a minor, drug trafficking, firearm trafficking, violent crime (if sentence is more than 1 year), theft/ burglary (if sentence is more than 1 year), fraud/ tax evasion, child pornography, prostitution offenses, bribery/ counterfeiting/ forgery, obstruction of justice/ perjury, and alien smuggling. Not only are applicants that are convicted of an aggravated felony denied, but they can be deported without a formal hearing before an immigration judge. Also, a person convicted of an aggravated felony is ineligible for asylum. Lastly, those who are deported for these crimes and reenter the U.S. without approval may be imprisoned for up to 20 years.
Immigration Status & Conditional Bars:
While applicants with aggravated felonies are automatically denied, there are other crimes that place a conditional bar on naturalization applications. It is usually best to wait the statutory period (5 years or 3 years for an applicant married to a citizen) from the date of the conviction to apply for citizenship (to avoid an automatic denial- unless there is a special circumstance). Examples of offenses/crimes that place a conditional bar are applicants that have been convicted of one or more crimes of moral turpitude, convicted of two or more offenses that have a combined sentence of 5 years, controlled substance offenses (except for first offense of marijuana possession of less than 30 grams), incarcerated for 180 days, perjury, prostitution offenses, smuggling of a person, polygamy, two or more gambling offenses, adultery, and failure to support dependents.
Immigration Status & Crimes of moral turpitude:
Crimes of moral turpitude are crimes that violate the accepted standard of the community in which the applicant lives. Some examples of crimes of moral turpitude are crimes against a person (criminal intent, recklessness, or morally reprehensible), crimes against property (involving fraud against the government or individual), sexual and family crimes like domestic violence, and crimes against authority of the government (presence of fraud). Not all crimes of moral turpitude are considered aggravated felonies and vice versa. Also, being convicted/imprisoned for a purely political offense outside of the U.S. is an exception to the crimes of moral turpitude. Applicants that have been convicted of crimes of moral turpitude are not necessarily going to be denied or deported, but there is a possibility of one or both occurring.
Immigration Status & Good Moral Character:
If you have been convicted of a crime that has a conditional ban, there are ways to make your application more favorable. When reviewing your application, the officer looks to see if you have Good Moral Character. If you have been convicted of a crime, your character will be in question. If you have checked into a treatment program, attend meetings, do volunteer work, or changed your life in any other positive way, make sure to include those things in your application and oral testimony.
Michigan Criminal Conviction Immigration Status:
If you are convicted of a crime it may jeopardize your ability to become a citizen and you may face deportation. If you are facing criminal charges and you are a not a U.S. citizen, call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message. The attorneys at Garmo & Kiste, PLC are experienced criminal defense attorneys and will fight for your rights.
