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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 102506
Experience:  Private practice in several areas, including immigration
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if a person convicted on a serious perjury charge, can this

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if a person convicted on a serious perjury charge, can this be a cause for a deportation? She just get the green card ( permanent residency).
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

The answer is possibly. Allow me to explain.

If a greencard holder is convicted of certain crimes, then they may be held by ICE (U.S. Immigration and Customs Enforcement) and placed into removal (i.e.deported).

This would have to be a conviction for:

-Two or more crimes involving moral turpitude (a broad, subjective doctrine that has to do with any offense involving lying, deceipt, etc) at anytime; or
-A drug-related crime; or
-A crime considered an "aggravated felony," which includes things like murder, rape, drug trafficking, fraud (over $10,000); and crimes involving theft or violence (including drunk driving) where a judge sentenced you to one year or more of jail time (regardless of your actual time spent in jail).

The perjury charge may qualify.

However, there is a caveat. Due to some internal politics, at the moment, certain California local counties are not reporting to ICE. Normally, once the person is arrested, ICE is contacted and may request a "hold" that they are not bailed out, and may be transferred to ICE once the local criminal matter is completed.

But lately, this has not been done all the time. So it really is up to ICE at this point. But arguably, PERJURY qualifies if a criminal offense, under moral turpitude or a serious enough misdemeanor/felony. But it is up to ICE to decide whether or not they pursue the matter.

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