Identity theft immigration consecuences

Identity theft can have serious immigration consequences. Let’s delve into the details:

1. Aggravated Felony (AF): Convictions related to burglary, theft, or a crime of violence with a sentence of one year or more can be considered an aggravated felony. Additionally, fraud with a loss exceeding $10,000 may also fall into this category. An aggravated felony has severe immigration penalties¹.
2. Crime Involving Moral Turpitude (CIMT): Identity theft can constitute a crime involving moral turpitude. A CIMT conviction can lead to inadmissibility or deportability. Factors such as the number of offenses, sentence, and timing of the offense play a role in determining the impact¹.
3. Defense Strategies:
   • To avoid an aggravated felony for burglary or theft offenses, it’s crucial to avoid a sentence of one year or more on any single count. Actual custody time can exceed one year without triggering this penalty.
   • For offenses involving fraud or deceit, avoiding a single offense where the victim’s loss exceeds $10,000 is essential. Careful control of offense elements in the record of conviction can help prevent an aggravated felony¹.
4. Reviewable Record of Conviction: The defense strategy often depends on what information is included or excluded from the record of conviction that immigration authorities consider. Elements like plea agreements, plea colloquy, judgment, and stipulated factual bases matter. Police or pre-sentence reports are generally not part of the reviewable record¹.

In summary, identity theft can lead to deportation and criminal charges, including fraud and forgery. It’s crucial to seek legal advice and understand the potential consequences².

https://criminalimmigrationlawyer.com/2023/11/26/immigration-theft-and-human-rights-protecting-vulnerable-populations/