A male Canadian citizen living in the USA with a legal green card is arrested and charged with sexual assault. Can he lose his green card and be deported even if he is not convicted? For example after the District Attorney officially charges him with sexual assault, then it will go before a Grand Jury. A Grand Jury does Not decide guilt or innocence, they only decide if there is enough evidence to proceed to a criminal jury trial.
If they decide there is not enough evidence and vote against it going to a trial to decide on guilt or innocence, then it is simply that, it does not mean he is innocent, just that there is not enough evidence to work with for a criminal trial.
Could he still be deported? How would the INS even know? Is the INS alerted by the police or the DA if charges are brought against a legal green card holder?
2006-12-16 18:18:06 · 7 answers · asked by Rita S 1 in Politics & Government ➔ Immigration
Your a guest of the country being visited, so they can always revoke your privelege of being there.
2006-12-16 18:26:40 · answer #1 · answered by AdamKadmon 7 · 1⤊ 0⤋
A permanent resident can be deported for committing aggravated felones, and the ICE (formerly INS, now Immigration and Customs Enforcement; part of the Dept. of Homeland Security) is notified when an immigrant is arrested. However, in order for that person to be deported, there first would be a trial, during which an Immigration Judge would be expected to consider the police record and the results of an arrest before making his or her decision. If a grand jury decides against a trial, it is a substantial consideration for ICE to not bring a deportation case against the person, and for a judge to not order the person deported.
However, if the person did actually commit the assault, I hope that he not only gets deported, but first goes to jail for a long time and gets assaulted while there.
2006-12-17 02:49:58 · answer #2 · answered by remyd212 2 · 2⤊ 0⤋
The INS would know only if the arresting authority notified them. He could still be deported - it is called a crime of 'Moral Turpitude' for immigration purposes. It would have to go before an immigration judge first and everything would be taken into consideration, how many arrests? Working? Family in US? He could probably get a waiver if no convictions but it is a bit of a battle and time and energy.
2006-12-17 07:33:00 · answer #3 · answered by myrna 2 · 0⤊ 0⤋
Yes, The reasons and conditions on which a foreigner can be deported by law in the Immigration and Naturalization Act do not all require being convicted of a crime, or even being charged with a crime. Immoral or inappropriate behavior is actually enough.
2006-12-17 02:41:25 · answer #4 · answered by Brad C 3 · 1⤊ 0⤋
Interesting question. I believe he would have to be considered guilty for ADMINISTRATIVE purposes. Whether that requires the same level of proof or takes into account plea bargains, I couldn't say. Look at OJ, he was found innocent of murder in a criminal trial, but liable in a civil trial that required only a 'preponderance of evidence'.
And ICE is often alerted by police departments, however, I don't know if it was in this case.
2006-12-17 11:11:01 · answer #5 · answered by DAR 7 · 0⤊ 0⤋
To the best of my knowledge, he will be (can be) deported IF he is convicted. If NOT convicted, he will NOT be deported. (Spend some money and confirm that with a lawyer)
2006-12-17 03:25:05 · answer #6 · answered by Anonymous · 0⤊ 1⤋
I doubt it.
Go to http://www.uscis.gov/portal/site/uscis and ask.
2006-12-17 02:27:09 · answer #7 · answered by Anonymous · 0⤊ 1⤋