Even immigrants who are in Miami lawfully can be deported if they are convicted of certain crimes. Foreign nationals, regardless of their U.S. immigration status, should seek legal advice as soon as possible if they are arrested or convicted for any crime. Even minor charges can have serious criminal and immigration consequences.
Many Americans think that deportation is not a threat to immigrants who are here legally, unless they have been convicted of murder or felony level drug crimes. On the contrary, even a simple tax mistake can result in the end of the American dream for an immigrant living in South Florida legally. Late last month, the U.S. Supreme Court ruled that some tax crimes can be considered aggravated felonies. The decision will result in the deportation of two lawful Japanese immigrants who have lived in California since the 1980s.
The married couple moved to the U.S. in 1984 and they have operated popular sushi restaurants throughout South California ever since. However, in 1991 they underreported their business income--and now more than 10 years later, they will be deported.
In 1997, the two pleaded guilty to filing a false corporate tax return, and the husband served time in jail. They paid $245,000 in restitution, but were still subject to deportation under a 1994 law that calls "fraud or deceit" that amounts to more than $200,000 as a type of aggravated felony.
The couple appealed, but the Supreme Court said in its majority opinion that the couple knowingly submitted a false tax return and thus this was a form of deceit. A dissenting opinion stated that the court's ruling was "implausible" and the tax crime simply did not merit deportation.
The decision could trigger deportation for immigrants in the U.S. who do not report foreign bank accounts, according to tax professionals. This very unfortunate story illustrates how important it is for immigrants-whether they are documented or undocumented--to seek professional advice for any criminal issue.
Source: Los Angeles Times, "Legal immigrants face deportation for filing false tax return," David Savage and Catherine Saillant, Feb. 26, 2012
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