Legal Question in Criminal Law in Virginia

Misdemeanor sentence

According to immigration law, a permament resident may be deported if he/she is convicted of a crime or moral turpitude that may be punished with a sentence of a year or more. The question is: If that person is offered a misdemeanor which carries 360 days of suspended time, is it grounds for deportation?

2) for immigration purposes, is a 12 month maximun possible sentence the same as a 1 year max possible sentence? Thanks.


Asked on 7/22/03, 3:34 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Misdemeanor sentence

The person offered the suspended 360 day sentence would be eligible for deportation since the law you have referenced focuses on the potential rather than the actual sentence.

With respect to your second question, my understanding is that there is no distinction made between the two.

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Answered on 7/22/03, 10:34 am


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