Removal and deportation is a complex body of law. At Rifkin & Fox-Isicoff, P.A., we work hard to solve our clients’ problems. We have served countless foreign nationals, lawful permanent residents and U.S. citizens since our establishment in Miami in 1985, and we bring our high-caliber skills to every removal case.
Inadmissible versus deportable
Being deemed inadmissible to enter may occur when applying for a visa or when arriving at a point of entry into the country, such as an airport or a border security checkpoint. A person can be found inadmissible because of health issues, status as a potential security threat, certain criminal convictions or a wide range of other reasons.
Criminal convictions
While criminal convictions can result in inadmissibility when a foreign national seeks to enter the country, a conviction can also result in an individual’s removal if their act of wrongdoing occurs after they have been in the United States for any length of time. Naturalized citizens may not be deported, but individuals with visas and lawful permanent residents (LPRs) are subject to removal on the grounds of criminal convictions. Whether you are forced to leave the country depends on the nature of the crime you have committed.
Classifications of criminal convictions
According to the Department of Homeland Security, the most common types of crimes that result in removal from the United States are:
- Crimes involving moral turpitude, in which the individual showed maliciousness and exceptionally poor moral character. Rape, murder, arson and many other crimes — including misdemeanor crimes where it is clear the convicted intended to inflict harm on another — fall under this category.
- Aggravated felonies, which are crimes involving violence, money laundering, trafficking and a wide range of other offenses. It is important to note that the definition of an aggravated felony under immigration law may differ from state or federal law. Therefore, an individual may actually be removed from the country for what is considered a misdemeanor crime on the state level. Additionally, removal as a result of an aggravated felony means the foreign national or LPR is forever barred from returning to the United States.
Please note that grounds for removal are not necessarily limited to those listed above.
Contact Rifkin & Fox-Isicoff, P.A. today
Our law firm has the skill, expertise, attentive nature and dedication needed to successfully see your case through from the moment your consultation begins until its ultimate resolution. Rifkin & Fox-Isicoff, P.A. represents clients worldwide in matters relating to U.S. immigration and visa applications. Schedule a consultation by contacting us at 305-371-2777 extension 1 or contact us online to schedule a meeting at one of our offices located in Miami and Orlando, Florida, and Lima, Peru.
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