Your family followed immigration procedures and are all considered legal residents. The problem is that the government wants to deport your father. You don’t understand it. He’s had a green card for six years. You’re told your dad may be able to get out of confinement on an immigration bond while you fight his deportation. However, you still don’t understand why he’s deportable in the first place. After all, he is a legal resident.
There may be a part of this seemingly nightmarish experience missing from the story. Unfortunately, it is true that there are circumstances where legal residents may be asked to return to their country of origin. It won’t matter if the noncitizen has the proper visa or green card. The problem may arise from criminal charges.
Immigration Bonds and Criminal Charges
More than likely, you already have some inkling of what it is to post bail for someone who has been charged with criminal activity. The court sets bail to ensure that the accused shows up for the scheduled hearing. If there is a failure to appear, the bond amount is forfeited. Of course, it doesn’t stop there. Ultimately, law enforcement will catch up with the individual on the run and see that he or she makes it to the court date.
So, let’s get back to the idea that a legal resident could face unwanted problems for criminal charges. Green cards can be awarded for a number of reasons. For example, if you wed a United States citizen and were married for less than two years when you were authorized to be in here, you would have conditional residence status.
Section 237 of the Immigration and Nationality Act actually addresses the issue of conditional resident status. If there is proof that the marriage was a fraud, this would be one reason for deportation. However, you may be able to show proof that the claim was not valid. In the meantime, hopefully, your spouse can get you released from a detention center on an immigration bond.
The same part of the law has a section that speaks about crimes in a general sense. You may have heard that a crime of moral turpitude can result in removal of someone with permanent residence status. But, what does that mean?
The Legal Dictionary defines a crime of moral turpitude as “conduct that is believed to be contrary to community standards of honesty, good morals, or justice.” Obviously, this is an encompassing term. It can even be interpreted to represent a simple misdemeanor. Essentially, this would suggest that you might not be jailed for a small crime, but you could be asked to leave the states.
The bottom line is that even if a noncitizen is a legal resident, they could be subject to deportation. In many cases, there is a reason to fight the removal. Freedom Federal Bonding Agency is fully familiar with the deportation process and is here to assist in posting immigration bonds. Call us to see how we can help keep you or a loved one.