Will I be deported? 3 Answers as of December 08, 2010I was arrested for an aggravated sexual assault. This got dropped to aggravated assault causing serious bodily injury. Although I was not guilty I was talked into it by my lawyer. I was only 19 and scared. The final pleading states guilty. Court provision is differed adjudication. I am a permanent resident and I know INS does not like felonies. My question is how long do I have before I get deported and if there is any chance at fighting it?
Pacifica Legal Services | Floyd Fernandez
I am glad to contact you, and I hope I am not too late. Your question is one of those issues that has a lot of complexity, and ranges in its effect from state to state. The issue that you have is not simply whether it is a felony, but whether it is classified as one of two types of felonies: 1) a crime involving moral turpitude(CIMT); and 2) an aggravated felony. First, even though your plea dropped the portion involving sexual assault, which is a felony involving moral turpitude, and which will subject you to possible deportation, if there are facts in the case that involve any kind of admission of facts showing a sexual assault, ICE can decide that your act was a CIMT. Second, even if the sexual component is dropped, then if the sentence, including a probationary period, is greater than a year, then it is classified as an aggravated felony, subjecting you to deportation. ICE has apparently not picked you up, nor issued a notice to appear on a charge of inadmissibility. Since you were subject to deferred adjudication, it may have been avoided. There is more that would need to be discussed. So if you desire to discuss the matter further, and I can be of help, please by all means e-mail me or call to set up a conference. Best to you.
Answer Applies to: California
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
If what you plead guilty to is considered by USCIS as an aggravated felony, you could be deported if it should come to their attention. However, it may not be picked up on their radar and it would be best if you do not attempt to become a U.S. citizen through naturalization anytime soon because the process involved could bring it to their attention which could then land you in removal proceedings.
Answer Applies to: Virginia