Criminal Law Maximum sentance imposed

[tsdanir]

Title 8 of section 237 of the INA Act, states that an alien becomes deportable if he/she commits a crime in which the sentence imposed is one year or more.

In regard to this act, can you please clarify "sentence imposed".

Example: If sentenced to 2 yrs. probation and no jail time, are you still susceptible to deportation?

What if you are sentanced only 30 days jail time, and 5 years probation?

Thank you

 

[mafioso]

You are deportable if the maximum possible sentence for your conviction is more that a year for a crime involving moral turpitude. So look at the max sentence. And if the actual time impossed to spend in jail is more that six months, you are deportable. So you have to be first worried about the sentence of the crime you are convicted of.

 

[tsdanir]

Thank you for the response.

The crime is for possession of a controlled substance. Does this fall under a "moral turpitude" crime?

If not, does the same rule still apply? (Deportable if possible sentence for crime is over 6 months)

 

[mafioso]

Yes it is a crime of moral turpitude.... So it must meet the exception for you to advoid deportation hearings...........SO to answer your question I need you to answer all my questions in my previous post.

 

[tsdanir]

I am not sure of the maximum time for the offense. However, I know that it's definately more than 6 months.

 

[mafioso]

If you were sentenced to more than six months in jail then you would need a waiver to advoid a deportation hearing.....

 

[tsdanir]

sentance was only 30 days jail time and 5 yrs. probation with Community Service. (however, maximum POSSIBLE was more)

The judge only gave the 30 days plus. probtn.

What kind of Waiver do I need to obtain in order to avoid a deportation hearing? Is it just called a "Waiver"?

 

[mafioso]

You still are not answering the question. I can't give you an answer because it depends on the maximum possible jail sentence. Every answer would depend on this. It would be a criminal waiver which would have to be justified by your family connections here or hard or extreme hardship if you are deported.

 

[tsdanir]

If I researched it correctly, I beleive it's 2-20 yrs. Not sure if cocaine is considered a methanphetamine or what the technicle term is....

 

[mafioso]

The crime is a CIMT and maximum possible jail time does not meet the exception.