Yes, you can potentially be deported over criminal charges, arrests and convictions. Criminal activity can often be the basis for removal, even if someone has a valid visa and is otherwise in good standing.
That said, not all illegal activity will lead to deportation. Generally speaking, the government will need to see some element of moral turpitude. This is a loosely defined term, simply meaning that the crime in question was relatively serious or shocking to the public.
Intent or recklessness
In many cases, when determining if it is a crime involving moral turpitude (CIMT), the government will look for elements of recklessness or intent. If someone acted in a reckless manner that showed wanton disregard for others’ safety or rights, that may be considered appropriately shocking to the public. If that person acted intentionally in a way that caused harm to another, that could likewise elevate the offense to a level where it can lead to deportation.
For instance, something like a simple traffic ticket is a civil infraction and usually would not lead to deportation. But reckless and aggressive driving that leads to a fatal car accident is a much more serious offense.
When it comes to the role of intent, crimes involving moral turpitude often include offenses such as sexual assault, aggravated assault, financial fraud, theft, weapons violations and domestic violence.
So, while a crime involving moral turpitude is not specifically defined, the goal is simply to look at the seriousness of the alleged offense. A more serious offense will have a greater likelihood of leading to removal proceedings. Those who are at risk of deportation must be aware of the legal steps they can take at this time.
