LuckyOne wrote:Golyadkin wrote:IntrigueK wrote: Если дело не будет выигранно, к сожалению о ГК, а тем более гражданстве можно забыть.
It depends.
Not, it does not!
Если он будет признан виновным его подержат в тюрьме и вышлют, или вышлют сразу.
Знаю человека, которого выслали за меньшее приступление. ГК у него уже давно была, а вот гражданства еще не было. (auto insurance fraud) Подержали 7 месяцев в тюрьме и отправили в Москву.
Другой человек уже 10+ лет на может получить гражданство из-за shoplifting в 17 лет.
Вообще-то переход к депортации зависит от типа преступления, а также от приговора (а именно, сколько месяцев тюремного заключения человеку присуждено). Поэтому при разбирательстве с любыми уголовными обвинениями не-гражданам нужно иметь дело не только с уголовным адвокатом, но и с иммиграционным. Так что в целом действительно it depends, но в данном случае проблемы могут быть.
Any person who is not a United States citizen, including lawful permanent residents, can be deported because of a criminal conviction. Lawful permanent residents are immigrants/non-citizens who have been granted permission by the United States government to live and work in the United States for an indefinite period of time. A person must become a lawful permanent resident before becoming a United States citizen. Length of residency in the United States and the existence of close relatives who are U.S. citizens may eventually prevent a non-citizen’s deportation, but it does not prevent the Department of Homeland Security from initiating efforts to permanently remove the individual from the United States.
The Immigration and Nationality Act recognizes three categories of crimes that can place a non-citizen at risk of deportation or prevent a non-citizen from ever becoming a lawful permanent resident.
Aggravated felonies are the most serious crimes and are specifically defined by statute in the Immigration and Nationality Act. Because of the sentence imposed by the state criminal court, some common misdemeanor crimes can be considered aggravated felonies for immigration purposes. These crimes include theft and crimes of violence. For both of these crimes a non-citizen can be placed in deportation proceedings and deported from the United States, if the person is sentenced to more than one-year imprisonment, including any suspended time. A “crime of violence” is a term vaguely defined by the United States Code and could include convictions for assault in the fourth degree and felony driving under the influence.
Crimes of moral turpitude are the second category of crimes that can impact a non-citizen’s ability to remain in the United States. Federal circuit court decisions and the Board of Immigration Appeals define these crimes. Generally, a crime of moral turpitude is defined as a crime that encompasses a base or vile act. Although the case law interpreting the term is not entirely uniform, the following types of crimes have been held to involve moral turpitude:
crimes (felonies or misdemeanors) in which either an intent to defraud or an intent to steal is an element;
crimes (felonies or misdemeanors) in which there is an element of intentional or reckless infliction of harm to persons or property;
felonies, and some misdemeanors, in which malice is an element;
sex offenses, in which some “lewd” intent is an element.
Thus, murder, rape, voluntary manslaughter, robbery, burglary, theft, arson, aggravated forms of assault, forgery, prostitution and shoplifting have all been consistently held to involve moral turpitude.
A third category of crimes specifically listed in the Immigration and Nationality Act may either trigger deportation or prevent a non-citizen from attaining lawful permanent resident status. Crimes included in this category include violations of any law relating to a controlled substance, domestic violence convictions, judicial determinations of protective order violations and convictions under any law of purchasing, selling, using or possessing a firearm or destructive device.
Impact of Crimes on Non-citizens
Automatic removal from the United States is not the only immigration consequence to a criminal conviction. For example, if deported for an aggravated felony conviction, a non-citizen may be permanently barred from returning to the United States, regardless of the length of residency or the fact that the non-citizen has U.S. citizen family members, including a spouse and children. In addition, all non-citizens must prove that they are persons of good moral character when they are applying for asylum, lawful permanent residency or United States citizenship. Crimes such as driving under the influence will be considered a negative discretionary factor that can impact a non-citizen’s ability to prove good moral character and thus attain lawful permanent residency or become a naturalized citizen.
Sentencing
Sentences are often the most important factor in determining the immigration consequences for a non-citizen defendant. Section 101(a)(48)(B) of the Immigration and Nationality Act defines a sentence: “any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by the court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.” Consequently, the Department of Homeland Security will analyze the actual sentence imposed—regardless of any time suspended—to determine whether to initiate deportation proceedings.
"If you thought that science was certain - well, that is just an error on your part." Richard Feynman
