One thing that most people know, but don't understand the gravity of the situation is that when an immigrant comes into the United States on a Visa or Green Card they have harsher restrictions than Americans at least for the first five (5) years. This is the case when an immigrant faces criminal charges while in the United States. According to the United States immigration laws, an immigrant is subject to deportation if within the first five (5) years of them coming to the United States they commit a crime involving moral turpitude. While crimes of moral turpitude (CIMT) will have a separate blog post dedicated to them later on, a quick list of possible CIMT's include:
- murder
- voluntary manslaughter
- involuntary manslaughter, in some cases
- rape
- spousal abuse
- child abuse
- incest
- kidnaping
- robbery
- aggravated assault
- mayhem
- animal fighting
- theft
- fraud, and
- conspiracy, attempt, or acting as an accessory to a crime if that crime involved moral turpitude.
This is not a complete list and in all reality it depends on the state that the crime is committed in and what the consequences for that crime is in that state. Therefore all immigrants should be mindful of the laws in the states that they are in because even the smallest misdemeanor could result in deportation.
However, due to the flexibility each state has to determine the punishments for the crimes committed in that state, Congress has enacted the Petty-Offense Exception to help those immigrants who may have reached a plea-deal with a Prosecutor or who committed however minor of a crime. So what exactly is the Petty Theft Exception? How does one fit under its safety net?
The Petty Offense Exception is an exception to the deportability of immigrants who have committed a CIMT. It allows an immigrant who may have a CIMT, but due to the punishments of that CIMT in the state where the crime occurred, the immigrant will not face deportation. In order to fit into this exception the immigrant must meet these three (3) requirements:
- s/he has committed only one crime involving moral turpitude; and
- s/he “was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)”; and
- the offense of conviction carries a maximum possible sentence of one year or less.
If these three elements are met then the immigrant is probably safe from deportation. This is something that all immigrants though must be aware of especially if they decide to take an offer from a prosecutor or if their defense lawyer mentions what they want to accomplish.
Recently I just helped a client that went through this when wanting to renew their visa to stay in the United States. Though they didn't know at the time about the Petty Offense Exception, they were lucky enough to plead guilty to a crime that fit within the exception. Had they not, they would have most likely been deported.
This was a client who accidentally left an item ($10 pair of children's shoes) on her child's feet after checking to make sure they fit, upon leaving a grocery store without paying for it (she had paid over $120 for all other items). She was apprehended and charged with theft. She was offered a plea deal to drop it down to a Retail Theft Infraction, which required no jail time and a small fine. This stupid mistake could have ruined everything that this client and her family had been working towards. Luckily, things worked out this time.
Unfortunately, not all immigrants can be so lucky. There are many Prosecutors and Defense Attorney's, who either don't know the law or don't care about possible consequences. That is why, immigrants need to go to someone who cares and actually knows the laws. Even the simplest of mistakes can have the harshest consequences. If immigrants are not taken care of and find someone who does not know how to navigate the United States immigration laws, they could be on the wrong side of the law (and the border).
This was a client who accidentally left an item ($10 pair of children's shoes) on her child's feet after checking to make sure they fit, upon leaving a grocery store without paying for it (she had paid over $120 for all other items). She was apprehended and charged with theft. She was offered a plea deal to drop it down to a Retail Theft Infraction, which required no jail time and a small fine. This stupid mistake could have ruined everything that this client and her family had been working towards. Luckily, things worked out this time.
Unfortunately, not all immigrants can be so lucky. There are many Prosecutors and Defense Attorney's, who either don't know the law or don't care about possible consequences. That is why, immigrants need to go to someone who cares and actually knows the laws. Even the simplest of mistakes can have the harshest consequences. If immigrants are not taken care of and find someone who does not know how to navigate the United States immigration laws, they could be on the wrong side of the law (and the border).
I hope this article helps, if you have any more questions or need legal advise please contact me either by email or by phone. I am here to help. This is my passion and I want to help.
