Immigration crimes of moral turpitude, can I reenter the U.S. if I have been convicted of a misdemeanor

You likely should review your facts and options with your attorney.

Without knowing the relevant facts, no one can say definitively whether your situation is one in which the government can remove/deport you. If you leave the US and are deportable, you may not be allow back into the US or may be put in a removal proceeding.

Crimes do not have to be classified as felonies by the states for the crimes to be bases for deportation.

You can review sections 237 (General classes of deportable aliens) and 212 (General classes of aliens ineligible to receive visas and ineligible for admission; waivers of inadmissibility) of the Immigration and Nationality Act for the common bases. The INA can be found through links at www.uscis.gov .

What you don't want to do is travel without knowing whether or not you can get back in. Someone convicted of two misdemeanor crimes involving moral turpitude is inadmissable. If this were true about you and discoverd upon your return, you would be hed in custody as an "arriving alien" until it was determined whether or not you could be deported. No bond, no release. An expungement generally does nothing to a crime for purposes of inadmissability, so if I were you, I would check this out before you leave the US.

I think another way to approach this is if you are eligible, apply for naturalization before leaving the country. At least you'll know how USCIS views these misdemeanors.

Herbert Tan, Esq.
E-mail: Herbert@tanlaws.com
Website: www.tanlaws.com

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