Criminal Sexual Conduct & Immigration - Will I Lose My Green Card?

Criminal Sexual Conduct charges in Michigan, referred to as "CSC" for short, can affect the immigration rights of those who are not full U.S. Citizens, in addition to all of the other possible Michigan penalties for CSC, including serious Prison time and Sex Offender Registration (SORA). Even those who have achieved Legal Permanent Resident status (commonly called a "Green Card"), are at risk of being deported from the U.S. or denied admission to the U.S. (referred to as being "inadmissible").

At Prain Law, PLLC, we concentrate exclusively on defending those accused of assaultive crimes, such as Criminal Sexual Conduct. If you or someone you know is facing a Michigan Criminal Sexual Conduct charge, contact a competent, experienced, and successful Michigan CSC Defense Attorney immediately. Some questions we often hear are "Will I lose my Green Card for Criminal Sexual Conduct in Michigan?", "Will Criminal Sexual Conduct affect my immigration status?", "Can I lose my LPR status for Criminal Sexual Conduct?", and "Will I be deported for Criminal Sexual Conduct?"

The short answer to all of the above questions is Yes, it is possible to lose your Green Card or be deported for Criminal Sexual Conduct charges. The long answer is somewhat more involved, and a full and complete answer is far beyond the scope of this article and each CSC case should be evaluated under it's own specific facts by a CSC Defense Lawyer. But on a very basic level, there are two categories of crimes that can cause a Non-U.S. citizen to either be deported or be denied entry into the country. Those two types of crimes are: Aggravated Felonies; and Crimes Involving Moral Turpitude. These terms are defined in the U.S. Immigration and Nationality Act (INA).

Aggravated Felonies are those that are extremely serious just by their very nature, such as murder, rape, drug tracking, child pornography, crimes of violence, fraud, and others. In other words, they don't require any particular mental state. In terms of Criminal Sexual Conduct, First Degree Criminal Sexual Conduct (MCL 750.520b); Second Degree Criminal Sexual Conduct (MCL 750.520c), and Third Degree Criminal Sexual Conduct (MCL 750.520d), are, depending on the specific facts of the case, most often considered to be Aggravated Felonies because they either involve the use of force or coercion, or because they involve sexual contact or sexual penetration with a minor. If you are convicted of any of these Michigan CSC crimes, it is fair to say that it's likely you lose your Green Card, be deported, or be refused entry into the U.S.

Crimes Involving Moral Turpitude are those that are generally less-serious, but are "per se morally reprehensible and intrinsically wrong, or malum in se, so it is the nature of the act itself and not the statutory prohibition of it which renders it a crime of moral turpitude." In other words, these require a particular mental state that shows "specific intent, deliberateness, willfulness, or recklessness." These are crimes that just by their names, may not sound as terrible as Aggravated Felonies, but that say something about the mental state of the person allegedly committing them by virtue of the specific facts of the case. Of course, CSC 1st Degree, CSC 2nd Degree, and CSC 3rd Degree will almost always meet this definition, but it is important to note that Crimes of Moral Turpitude can also include CSC 4th Degree (MCL 750.520e). Again, the effect is the same as for an Aggravated Felony - loss of your Green Card, possible deportation,and denial of admission to the U.S.

If you or someone you know is facing Michigan Criminal Sexual Conduct charges as a Legal Permanent Resident (Green Card holder)r, or other type of non-U.S. citizen, then Prison time and Sex Offender Registration aren’t the only concerns – the right to enter and remain in the United States with or without family could be at stake.

Of course, there are solutions to this problem. the best solution is to find a top-notch Criminal Sexual Conduct Defense Attorney and ultimately be acquitted of the CSC charges. If your decision is to take a plea deal, your CSC Attorney must have the knowledge and experience to guide you down the path that will protect these rights and make you aware of the risks.

Facing CSC charges in Michigan? Contact Attorney Brian J. Prain at Prain Law, PLLC any time at (248) 731-4543 and get the answers you deserve. Brian J. Prain has been named one of Metro Detroit's "Top 21 Criminal Defense Lawyers," and he concentrates his practice exclusively on defending those accused of assaultive crimes, particularly CSC, which represents about 80% of his caseload.
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