Can i get deported??

Asked over 2 years ago - Hercules, CA

i have been here in this country for more than an year with a green card. i was recently charged for petty theft misdemeanor under 484 pc under $50. i barely turned 18 and this is my first offese. can i get deported for that and what can the most possible sentence?

Attorney answers (5)

  1. Kresta Nora Daly


    Contributor Level 12


    Lawyers agree

    Answered . You need to hire a lawyer who specializes in immigration and get an opinion from them before you do anything in connection with the criminal allegations. If you do not have money to hire an immigration attorney try contacting a legal clinic for advice. There are often clinics associated with law schools.

    The answers to these questions are intended for informational purposes. The attorney-client privilege does not... more
  2. Curtis Frederic Pierce

    Contributor Level 18


    Lawyers agree

    Answered . Depends on when you were admitted to the US and other factors. If you were admitted to the US within the past 5 years and the offense is punishable by a sentence of one year of more, the short answer is yes.

    I would respectfully suggest that you contact a reputable and experienced immigration attorney to assist you in this matter.

    Curtis F. Pierce
    Attorney At Law
    Certified Specialist, Immigration & Nationality Law
    The State Bar of California Board of Legal Specialization
    The Pacific Center
    523 West Sixth Street, Suite 348
    Los Angeles, California

    Tel: 213 327 0044

    Fax: 213 327 0066

  3. Harry Edward Hudson Jr

    Contributor Level 20


    Lawyers agree

    Answered . Ms Daly is absolutely correct about consulting with an immigration attorney. Big deals are crimes of moral turpitude. [behavior violating accepted moral stndards] Can even be misdemenors. Believe theft is on the list. Another consideration is the length of sentence.
    the aabove is definitely not advice and an attempt to tell you ot to worry.
    I DO NOT PRACTICE IMMIGRATION LAW. The above is what I have learned that is in relevant continuing education and from experience as well as some converations with immigration attorneys.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  4. Daniel Warren Thomann

    Contributor Level 15


    Lawyers agree

    Answered . Theft is generally a "crime involving moral turpitude". You are subject to deportation after a conviction for a crime involving moral turpitude if (1) you are convicted within 5 years of being admitted to the US (or of becoming a permanent resident), and (2) the longest possible sentence is a year or more. If the longest possible sentence is 364 days or less AND if you commit NO other crimes, you should be able to avoid deportation.

    I strongly suggest meeting with an immigration attorney, however, because you have other consequences to consider in addition to just "deportability". For example, a suspended sentence of 6 months and a day could make you "inadmissible", meaning that while you may not be "deportable", you could be prevented from re-entering the country after a trip abroad.

    You should also be wary of plea arrangements that avoid a conviction for state purposes - they may still count as convictions for immigration purposes. Again, I strongly suggest consulting an immigration attorney.

    Please note that he information above is general in nature and is not intended to create an attorney-client... more
  5. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . I agree with my colleagues.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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