Clients often ask us whether their experience in a Texas court would lead to their deportation if they are convicted of the crime. Many think that deportation is automatic after a conviction. The answer to this question is that it depends on the particular crime. However, many misdemeanors are not serious enough to warrant deportation.
If you have been pulled over for something like speeding, you can generally be assured that you will not be deported. USCIS will be looking at the facts of your case to see if it affects your status. With regard to a misdemeanor, the dividing line is whether it is a “crime of moral turpitude.” Most crimes that fit this bill are felonies. Things such as DUI or assault do not rise to this level. There is no dividing line between misdemeanor and felony other than the fact that aggravated felonies lead to deportation.
Some misdemeanors can lead to deportation
There are some types of misdemeanors that can lead to deportation. For example, domestic violence is sometimes charged as a misdemeanor. The entire category of the crime could lead to deportation regardless of the level of the charge. The same thing goes for firearms charges that often come in the form of a misdemeanor. Finally, the same thing goes for many drug charges.
Deportation is not always a given
However, deportation is not something automatic for all of these crimes. You could have possible defenses to deportation. For instance, you could ask for a cancellation of your removal if you meet the legal requirements, or you could request a waiver. In addition, you may also show that your deportation would present a hardship for a U.S. citizen.
If you are facing possible deportation from the U.S., you should never be without legal counsel. An immigration law attorney could review your file to see if there are any possible defenses or relief that you could seek to remain in the country. You should never seek to deal with USCIS on your own if your very future presence in this country is on the line.