When Can a Lawful Permanent Resident Be Deported for Committing a Crime in California?

Even minor crimes may lead to deportation.

When Can a Lawful Permanent Resident Be Deported for Committing a Crime in California?

Immigration is a hot topic both here in California and across the United States. In particular, some politicians have accused immigrants of engaging in more criminal activity than American citizens. While this fact is not true — immigrants are less likely to engage in crime than American citizens — it has led to a number of policy positions that have resulted in aggressive immigration enforcement.

Lawful permanent residents are immigrants who are in the country legally, who are authorized to remain in the United States permanently. They may also be referred to as having a “green card.” Lawful permanent residents may be able to take advantage of certain benefits of living in the United States, such as being employed without restriction, and may be able to apply for full U.S. citizenship. However, as a criminal defense lawyer in Rancho Cucamonga, CA can explain, just because someone has a green card doesn’t mean that they are safe from deportation.

Under U.S. immigration law, there are a number of offenses that can lead to deportation for all non-citizens, including lawful permanent residents. These are known as deportable offenses, and include crimes such as:

  • Aggravated felonies
  • Failure to register as a sex offender
  • Drug crimes (including attempt and conspiracy)
  • Domestic violence
  • Stalking
  • Child abuse, neglect or abandonment
  • Crimes of moral turpitude (including fraud, dishonesty, and depraved crimes)
  • Fleeing an immigration checkpoint
  • Certain firearms offenses
  • Violation of a protective or restraining order

Importantly, many of these crimes are misdemeanor offenses. Misdemeanors are a category crimes that are less serious than a felony. In California, misdemeanor offenses are punishable by up to 1 year in jail. Even though misdemeanors are considered less severe than felonies, if a lawful permanent resident is convicted of one of these crimes (such as domestic violence or child abuse), they could be deported.

Understanding deportable offenses is important for every non-citizen. While green card holders enjoy many of the rights and privileges that American citizens do, they can still be deported if they commit one of these offenses. That is why it is important to work with a criminal defense lawyer in Rancho Cucamonga, CA who is experienced at representing immigrants in criminal cases. Depending on the facts of your case, your attorney may be able to have a charge reduced or even changed to avoid immigration consequences. While this isn’t possible in every case, your lawyer should be familiar with both California criminal law and U.S. immigration law to best advocate for your interests.

At the Chambers Law Firm, we represent citizens and non-citizens alike who have been charged with California criminal offenses, and offer services in both English and Spanish. To learn more or to schedule a consultation with a criminal defense lawyer in Rancho Cucamonga, CA, contact us today at 714-760-4088 or dchambers@clfca.com.

.
Call Us Today