I am a naturalized citizen who recently signed a plea agreement with the Feds to one count of wire fraud and one count of tax evasion.
According to the INS website a natualized citizen can be deported for commiting two crimes of moral turpitude. Since the definition of moral turpitude is rather broad i am having trouble defining my situation.
Would the wire fraud and tax evasion be considered one crime [in the eyes of the INS] because they stem from one incident?
Would the INS even be notified because i am a citizen? During my FBI interview the final question they asked was "where were you born".
Is this something a Judge would decide?
I have no prior criminal history. I am looking at 33 to 41 months.
I think INS do what they want because me and my husband are married we got married 7/6/06 and he was on 7/27/06 pu tin jail for dui. and got 60 days. he was suppose to get out on 9/23/06 but never because of ins i know we didnt have time to do his green card yet but i sent in his papers who knows now i live in massachusetts they took him to new mexico and he missed our son being born. still trying to find what i can do so i dont lose my husband. he's from africa.
This is tough! You are saying that wire fraud and tax evasion should only result in 1 count of moral turpitude as they stemmed from a single incident.
Sounds like a valid argument.
I don't know the answer. My web search did show that in 2005 a law was enacted that made it easier to deport naturalized citizens. Still, you don't seem to fit the examples they gave of naturalized citizens being deported. I don't even know that the courts have tried a case like yours. I wonder if the length of your sentence may have a bearing on it? Also, how long had you been naturalized when the crime occurred may play into it.
You may want to find a good immigration lawyer who can answer the moral turpitude question. Sorry I couldn't find anything.
Btw, are you sure you read it right? I found this:
Naturalized citizens are not generally affected by criminal convictions as long as the criminal activity took place after the naturalization procedure has been completed. Naturalized citizens will be treated as U.S. citizens for the purposes of penalties
Where I saw "moral turpitude" it used the word "Alien". Such as this excerpt:
Any alien who at any time after admission is convicted of two or more crimes of moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefore and regardless of whether the convictions were in a single trial, is deportable.
If it happened after you were naturalized, then no - you are an American and you cant be deported to America! However, if the crimes happened prior to being naturalized, then you would be accused of lying on your N-400, in which case your naturalization can be revoked, and yes - then you can be kicked out!
Thank-you for the quick response. The offense did occur after i was naturalized. I must have misread the INS website in regards to the moral turpitude. I am sure i can call an immigration lawyer and confirm.
If you are naturalized, you cannot be deported. You can only be deported in such circumstances if you are convicted of immigration fraud and your naturalization is nullified (i.e. if you lied on your naturalization petition). This is relatively rare.