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:
  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.



See also  Understanding the I-601A Waiver: Navigating the Path to Legal Residence in the United States