Immigration Issues/Criminal Trespassing
I have been charged with a class B misdemeanor for criminal trespassing. I am from the U.K and have lived in the U.S for 14 years as a permanent resident. During this time I have never been in any trouble with the law. Is there a chance I could be deported for the crime I have been charged with?
The immigration and Nationality Act (INA) provides a different classification than state law, when it comes to criminal convictions.
Under immigration law, it is possible that a misdemeanor conviction for a crime such as criminal trespassing could qualify as an "aggravated felony." One convicted of an aggravated felony faces restrictions on his/her ability to apply for relief and avoid being deported. A criminal trespassing conviction is an aggravated felony if the sentence imposed is at least one year in jail, even if that sentence is suspended. A permanent resident of the U.S. with an aggravated felony conviction is not eligible to apply for a waiver and is also barred from most other forms of relief.
If the sentence imposed was a year or more, you will need post-conviction relief to avoid harch consequences.
If you would like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I will be glad to help you. Contact email address: firstname.lastname@example.org .
The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn’t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally.
Annick Koloko, Esq.