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It should be noted at the outset that there are extremely severe immigration consequences for any non-U.S. who is convicted of certain sex crimes. A conviction in which involved a victim who was a minor may have disastrous immigration consequences even for U.S. citizens under the Adam Walsh Act. In addition, you may be required to register as a sex crime offender for a long period of time or possibly for the rest of your life. This would also have a significant impact on your employment and your the location of your residence.
New York State’s version of Megan’s Law, the Sex Offender Registration Act (SORA) requires offenders to register. This act is applicable to most Penal Law Article 130 crimes (as well as other crimes in other sections). These crimes include (but are not limited to):
It should noted that failing to register as a sex offender is itself a crime (a class E felony for the first offense or a class D for the second) and is also a basis for revocation of parole. There are certain categories that require annual registration for life; specifically being designated a “sexual predator,” a “predicate sex offender,” and a “sexually violent offender.” Risk levels will determine the extent of notifying individual communities.
Most of the Penal Law Article 130 crimes may be deemed as crimes of moral turpitude or aggravated felonies. This depends on the circumstance of the case, and particularly if the victim was a minor. For U.S. citizens, they may be permanently barred from ever filing a family petition in the event of a conviction in which the victim was a minor under the Adam Walsh Act.
If you have been charged with a sex crime and are not a U.S. citizen, you should consult with an experienced immigration attorney intimately familiar with the immigration consequences of sex crime convictions. If you plead guilty or are convicted, and you are a U.S. citizen, you might have to register for life under SORA and be permanently barred from ever petitioning a family member! Contact us today and do not make the mistake of waiting until the last minute.