California Crimes Causing Removal from the U.S.
(for Undocumented/Illegal Aliens)
An undocumented (or "illegal") alien in California is someone who entered the U.S. without government permission and has no legal immigration status. Unfortunately, undocumented aliens may be removed from the United States at any time whether or not they have been convicted of a crime. However, depending on the individual's circumstances, an undocumented alien may be able to file an immigrant petition and "adjust status" to become a legal alien while residing in the U.S.[1]
If you are an undocumented alien seeking admission to the U.S., the government may remove you from the country if you have allegedly been involved in any of the following "inadmissible" offenses:
- Drug Trafficking Crimes,
- Prostitution Crimes,
- Convictions of More Than one Crime, or
- Crimes Involving Moral Turpitude
Scroll down further for a detailed explanation of these crimes.
If you are a non-citizen who's been accused of committing an inadmissible offense in California, there is still hope you may not have to leave the U.S. Please call our Los Angeles immigration criminal defense attorneys for help at (888) 327-4652.
If you are a legal alien living in California, this page may not apply to you unless you have been abroad and are seeking readmission to the United States, so please visit our webpage on Deportable Crimes in California (for Legal Aliens). And if you have already been convicted of a crime, visit our page on Ways to Modify or Vacate Past Criminal Convictions in California. And you can always call our Los Angeles immigration criminal defense attorneys at (888) 327-4652 to schedule a free consultation.
Drug Trafficking Crimes are inadmissible offenses
An alien is not admissible into the U.S. if the Attorney General reasonably believes he/she engaged in drug trafficking. Furthermore, if an alien is a spouse or child of a drug trafficker and knowingly received money from the trafficking within the last five years, that person is inadmissible as well.[2]
Prostitution Crimes are inadmissible offenses
An alien who comes to the U.S. to engage in prostitution, traffic prostitutes or receive proceeds from prostitution is inadmissible into the United States IF this behavior allegedly occurred within ten years of having applied to the U.S. for admission or adjustment of status.[3]
Convictions of More than One Crime are inadmissible offenses
An alien who gets convicted of two or more crimes AND gets sentenced to at least five (5) years total for them is inadmissible into the U.S.[4]
Crimes Involving Moral Turpitude (CIMTs) are inadmissible offenses
CIMTs, which stands for crimes involving moral turpitude, refer to offenses that are particularly serious such as murder, voluntary manslaughter, kidnapping, rape, prostitution, perjury, and some California theft crimes. DUIs are usually not considered CIMTs.
Aliens who have been convicted of a CIMT, or who have admitted to committing a CIMT, are inadmissible into the U.S. However, under the "petty offense exception," committing only one CIMT won't trigger inadmissibility if:
- the maximum sentence that the judge may impose for that CIMT is one year, AND
- the judge actually sentences the defendant to six months or less of jail time[5]
So, for example, the CIMT of petty theft in California carries only a maximum six-month jail sentence for a first offense. Therefore, if you've been convicted of petty theft in California and it's your first conviction, then you may still be admissible into the U.S.
CIMTs is a cloudy, ever-changing area of the law. For a more detailed description of CIMTs, click here on our Crimes involving Moral Turpitude in California page.
You are not alone. Please call us for help . . . .
California has a large number of undocumented residents who wish only to stay here and work hard for a better future for their children. If you are an alien who's suspected of committing a removable crime in California, we may be able to help. Phone our Los Angeles immigration criminal defense attorneys at (888) 327-4652 for a free consultation. We may be able to help you stay in the U.S.
Go back to the Criminal Defense of Immigrants in California main page.
To learn about inadmissible crimes in Nevada, go to our page on inadmissible crimes in Nevada.
[1] To learn more about adjusting status, visit the U.S. Citizenship & Immigration Services website.
[5] 8 U.S.C. § 1182(a)(2)(A) Another exception to the CIMT rule concerns aliens who were under eighteen when the CIMT allegedly occurred: As long as the sentence ended more than five years prior to the alien applying to the U.S. for admission, the alien will not be removed for that offense.
