Deportability/Inadmissibility Obstruct Path to Citizenship (Ⅱ)
As you can see the term conviction for immigration purposes is now very broad you may be convicted even in the case where judgment has been withheld, if you are ordered to pay a fine or possibly even court costs.
1. Criminal grounds for deportation of lawfully admitted foreign nationals:
The criminal grounds for deportation of a lawfully admitted individual, such as a lawful permanent resident green card holder, are listed in INA Section 237(a)(2), 8 U.S.C. 1227(a)(2), and include the following:
a. Conviction of any controlled substance offense (other than a single offense of simple possession of 30 grams or less of marijuana), whether the conviction is for a felony or misdemeanor.
b. Conviction of a crime involving moral turpitude, whether felony or misdemeanor, committed within five years of admission to the United States and punishable by a year in prison his category could include crimes in many different categories, e.g., crimes in which either an intent to steal or to defraud is an element (such as theft and forgery offenses); crimes in which bodily harm is caused or threatened by an intentional or willful act, or serious bodily harm is caused or threatened by an act of recklessness (such as murder, rape, and certain manslaughter and assault offenses); and most sex offenses. In many states, Class A misdemeanors as well as felonies are punishable by a year or more in jail so could, if deemed to involve moral turpitude, make an individual deportable if committed within five years after admission.
