A felony qualified is a “type” of crime that can cause deportation from the United States to immigrants or non-immigrants. Any individual who is not a citizen of the United States of America and who commits a felony qualified, can be deported. The problem rises when determining which is a felony qualified for deportation proceedings. This is not always easy.
What is a felony qualified?
The answer to this question is much more difficult than it seems. Some faults, or other crimes that are not named as a felony in the state described later court considers migration felony.
In immigration law, qualified felony is defined in a much broader way than in most of the criminal laws of the states. The definition is found in section 101 (a) (43) of the Immigration and Nationality Act, or section 1101 (a) (43) Code of the United States.
In short, the definition of INA named the following as qualified felonies:
- murder, rape or sexual abuse of a minor
- illegal trafficking in a controlled substance
- illicit trafficking in firearms, destructive devices, or explosive materials
- money laundering, or engaging in monetary transactions in property derived from a specific illegal activity if the amount exceeds $ 10,000.00 background
- offenses of certain explosive materials or firearms
- a crime of violence (not including a purely political offense) where the term of imprisonment is one year at least
- theft (including receiving stolen property) or theft if the prison term was at least one year
- kidnapping or ransom request or receive
- child pornography
- organized crime, or bet if it was imposed a prison sentence of one year or more
- owning, controlling, directing, or supervising a prostitution business; transport for the purpose of prostitution commercial advantages; or peonage, slavery, involuntary servitude, or trafficking
- collect or transmit national defense information, disclosure of classified information, sabotage, treason, or put the identity of undercover intelligence agents in jeopardy
- fraud or deceit in which the loss of the victim or victims exceeds $ 10,000.00; or tax evasion in which the loss of government revenue exceeds $ 10,000.00
- alien smuggling, except for a first offense for which overseas positively demonstrated in order to assist, abet or assist only your spouse, child or parent abroad (and anyone else)
- enter the United States illegally America through a foreigner who has previously been deported because of a felony conviction qualified
- falsifying, forging, counterfeiting, mutilation or alteration of a passport or instrumentality (falsification of documents) for which imprisonment is at least 12 months; except in the case of a first offense for which the alien has shown affirmatively that the crime was committed with the purpose of assisting, abetting or assisting the spouse, child, parent abroad (and anyone else)
- failure to appear for enforcement of the sentence if the predicate offense is punishable by imprisonment of 5 years or more
- commercial bribery, counterfeiting, traffic or vehicle identification numbers of which they have been altered, if imprisonment is at least one year;
- obstruction of justice, perjury or bribery of perjury, bribing a witness or for which imprisonment is at least one year
- not appear before a tribunal in compliance with a court order to respond to or have a serious charge for which can impose a sentence of 2 years imprisonment or more crime
- attempting or conspiring to commit a felony qualified
So what I can do if I am responsible for a crime?
The best thing you can do if you receive a criminal charge is to hire not just a criminal lawyer, but also an immigration lawyer. With an immigration attorney, you can potentially avoid facing a felony in immigration court.