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Posted by attorney Theodore Robinson
Filed under: Immigration court

A third category of crimes listed in the Immigration and Nationality Act can trigger deportation of non-citizen residents or prevent a non-citizen from attaining lawful permanent resident status of any kind.

This type of crime is rampant throughout the United States and it includes almost any type of violations of any law relating to controlled substances, purchasing, selling or using a firearm or destructive device or crimes involving domestic violence or violations of Orders of Protection of any nature.

This areas of the Immigration and nationality Act are especially problematic for non-citizens because often something that appears innocuous in the Criminal Court may turn into something of major proportions by the time it shows up in the Immigration Court or Federal District Court.

Since there are so many types of drugs, almost any of them will suffice to trigger a deportation hearing or a denial hearing when citizenship or even a Green Card are applied for. As a result, it is imperative that the criminal lawyer who represents any non-citizen be fully apprised of everything regarding these type of offenses so they can make sure that they do not allow a conviction for any of the above charges.

The Violations of Orders of Protection are especially vexing because of the fact that so many angry spouses are prone to using these type of charges to jeopardize their spouse so they will "give in" during matrimonial actions. Many times, if a spouse has been improperly charged with a violation of an Order of Protection, it forces them to have to go to trial rather than taking any kind of lesser plea because it could jeopardize their Immigration status in the future.

All in all, non-citizens must be especially careful and be sure they recognize what they are being asked to plead guilty to in the criminal court so they don't jeopardize their immigration status in the future. Make sure you always check with an Immigration attorney before completing any criminal case so you are sure it will not adversely affect your status in the United States.

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