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One type of conviction is when a judge sentences someone to jail or other type of punishment following a trial in court. Immigration law provides that a crime can escape classification as a crime of moral turpitude if it is a "petty offense." Here are a few things you will need to understand about criminal convictions and U.S. immigration law. However, pleading guilty to a charge or receiving a suspended sentence are also considered convictions. There is no five-year "look-back" period.For example, if you entered the United States in 2010 as an F-1 student, received your green card while here in 2016 ("adjustment of status"), and committed a crime of moral turpitude in 2018, you are not deportable, because more than five years passed from the date of your admission as a student. This can happen even over a seemingly minor conviction, like petty theft. Immigration adjudicators must use a “circumstance-specific” approach in determining whether a conviction for a crime of violence was committed against a person in a protected relationship to the defendant, ruled the Board of Immigration Appeals on May 27. The petty offense exception applies if the penalty for the crime committed could never exceed one year of imprisonment, and if any time the person actually served in prison was less than six months.Otherwise, you can get a 212(h) waiver only if you can show that your deportation would cause extreme hardship to your U.S. citizen or lawful permanent resident spouse, parent, son, or daughter.There are two ways that committing a crime of moral turpitude could put you into removal (deportation) proceedings:2) You commit two or more crimes of moral turpitude that did not arise out of a single scheme of criminal misconduct at any time after your admission to the United States.This article addresses what criminal convictions will cause a person who has not left the country after committing the crime to get deported, as well as whether any recourse may be available to the offender.As there are too many examples of crimes that have been found to involve moral turpitude to list here, it's safest to take a certified disposition of your offense (obtained from the clerk of the court where your case was heard) to an immigration attorney in order to learn whether your particular type of conviction has been found to be one.Keep reading to learn more about how to determine whether you are at risk of deportation for a crime involving moral turpitude.1) You commit a crime of moral turpitude during the first five years after your admission to the United States.If your crime was related to prostitution, or was committed more than 15 years before you applied to adjust or re-adjust your status to permanent resident, all you need is for the judge to decide you deserve the waiver. Your status might be revoked even if your conviction was ultimately erased from Louisiana state records. If you were legally admitted to the U.S. from a border, airport, or any other point of entry during those five years, you may be placed into removal proceedings. These types of defenses will be highly dependent upon the wording of the statute under which you were convicted.
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