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What is An Aggravated Felony

The consequences of a conviction of an “aggravated felony” by a non citizen are serious. Under the Immigration & Nationality Act, Many crimes are considered “aggravated felonies.” Consequences include, among others, deportation and a permanent ban on becoming a U.S. citizen.

Aggravated Felonies Under the Immigration & Nationality Act

For immigration matters, the term “aggravated felony” comes from  Federal law. However, most criminal convictions are under state law. An offense that is not “aggravated” under State law, may be “aggravated” under Federal law. To determine if a person will suffer the immigration consequences of an “aggravated “felony” conviction, the state criminal statute under which the person was convicted must be compared to the definition of “aggravated felony.”

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CPB posts new stats on border interdiction

CPB has posted border apprehensions for the last quarter of 2016.

Quote from the CPB report:

U.S. Customs and Border Protection saw a dip in arrivals along the Southwest Border in December, although overall total migration remained at elevated levels, primarily due to family units and unaccompanied children from Central America, Haitian nationals migrating from Brazil, and Cuban nationals. CBP continues to maintain a strong security posture through background checks of all individuals encountered and ensures that each person is processed in accordance with U.S. immigration laws and DHS policy.

In response to the increased number of individuals apprehended between ports of entry or encountered at ports of entry, CBP opened temporary holding facilities in Tornillo and Donna, Texas, in November 2016 capable of holding 500 people each.  The facilities are available to provide additional space for those in CBP custody awaiting transfer to U.S. Immigration and Customs Enforcement for processing, detention, and/or removal, or to the Department of Health and Human Services.

Waivers of excludability

People with histories of criminal activities, previous immigration law violations, certain medical and other problems, will be denied entry or a lawful permanent residence, unless special permission is granted. This special permission is called a waiver. They are several  kinds and types of waivers.

8  CFR §212.7 (e): Unlawful presence waiver.

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Immigration law: The requirement of good moral character

Requiring Good Moral Character

Much of immigration law is about crimes and other unsavory behavior. Because the law tries to keep criminals from getting immigration benefits, certain immigration applications require showing good moral character for a specific period of time. Crimes even without a conviction can still prevent a person from receiving an immigration benefit.

For How Many Years Must an Applicant Show Good Moral Character?

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