Legal Question in Immigration Law in New York

Green Card holder, convicted for Sexual Abuse in the First Degree in USA. Must will he be deported? How and when?

Details: "65 years old man; has wife/son/daugther/grand children in usa; no other criminal history; single incident resulted in conviction to sexual abuse in first degree (class C Felony); charged with No jail-time, no fees, 3 year unsupervised probation."

Asked on 8/17/13, 8:42 am

1 Answer from Attorneys

James Brown Brown Law Practice, PLLC
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It is not possible to answer this question without more information:

1. When was the individual convicted? If he pled guilty prior to 1996, he may be eligible for a waiver. If the conviction occurred after 1996, no waiver would be available if the crime is an aggravated felony (see #2, below).

2. In what state was the crime committed? If the crime is classified as an aggravated felony under federal law the man would be deportable. It would be necessary to look at the state criminal statute under which he was convicted to determine whether the crime is an aggravated felony under federal law. If the crime was sexual abuse against a minor, the crime is an aggravated felony. If the crime was not against a minor, it may be an aggravated felony if the crime is a crime of violence. It would be necessary in that instance to look closely at the state statute under which he was convicted and the facts of the case.

3. How long was the man a lawful permanent resident (green card holder) when the crime occurred? If the crime was committed less than five years after he became a lawful permanent resident, he could also be deported if the crime is classified as a "crime of moral turpitude." If he was a lawful permanent resident for longer than five years, it would be necessary to establish that the crime is an aggravated felony in order for him to be deported.

If the man is deportable because the crime is an aggravated felony under federal law, his options are very limited (assuming no waiver is possible as described in #1 above). He may be able to avoid removal if the crime could be vacated on procedural or substantive grounds, or if he can get a pardon (from the President or Governor).

If the man is deportable because the crime is a crime of moral turpitude he may be eligible for cancellation of removal, which would allow him to avoid deportation.

It is essential that you or the individual at risk of removal consult an immigration attorney to discuss the details of the matter and explore what options might be available based on a thorough review of the situation.

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8/20/13, 9:11 am

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