Defense for Immigrants

Immigration consequences of  convictions

A criminal conviction for a firearm offense may affect an alien’s immigration status or his eligibility for relief. The immigration consequences of a firearm conviction would depend on the status of the alien. 

If an alien is applying for a visa or for lawful permanent resident (LPR) status, a firearm conviction would not necessarily disqualify the alien because this conviction is not a ground for inadmissibility under INA 212(a), unless it is also classified as a crime involving moral turpitude (CIMT). If an alien is applying for LPR status through adjustment, a firearm conviction may be considered, not as a ground for inadmissibility under INA 212(a), but as a factor to be weighed in the exercise of the adjudicating officer’s discretion due to the nature of adjustment as a discretionary form of relief.

If an alien is already an LPR, a firearm conviction may trigger his removal. A firearm conviction may fall into three possible grounds for removal: (1) aggravated felony under INA 237(a)(2)(A)(iii); (2) certain firearm offenses under INA 237(a)(2)(C); or (3) CIMT under INA 237(a)(2)(A)(i).

Let’s start with aggravated felony. INA 101(a)(43) identifies several offenses that would constitute aggravated felonies. A firearm conviction may fall into three possible categories of aggravated felonies under the following provisions: (1) INA 101(a)(43)(C) for illicit trafficking in firearms; (2) INA 101(a)(43)(E) for offenses described in certain sections of 18 USC 922, 18 USC 924 or 26 USC 5861; or (3) INA 101(a)(43)(F) for a crime of violence with a prison term of at least one year.

Examples of aggravated felony firearm offenses under INA 101(a)(43)(E), include, among others: (1) the possession of a firearm by a convicted felon, fugitive, drug addict, mentally ill person, or illegal alien, which is punishable 18 USC 922(g)(1-5); or (2) the transfer of a firearm with knowledge that it will be used to commit a crime of violence or a drug trafficking crime, which is punishable under18 USC 924(h)

A firearm conviction with a prison term of at least one year may also constitute an aggravated felony crime of violence under INA 101(a)(43)(F). 18 USC 16 defines a crime of violence as: (a) an offense that has as an element the use, attempted or threatened use of physical force against the person or property of another, or (b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

source: AsiamJournal

If you are undocumented and need Legal Help for DWI or DUI, Without a License, Drugs' Possession or Domestic Violence. You can contact Attorney Frank Yeverino (713) 545-2520, who specializes in Undocumented Criminal Defense of the, he will take personally the call to assist you directly and quickly. The Fy Law Firm helps you.

 26 Defense for Immigrants

Defense for Immigrants

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