Pompano Beach, FL Immigration Law Firms & Lawyers

There actually is no fundamental right of U.S. citizens to leave their country and return home again. Under current Supreme Court precedents, the right to travel abroad is merely an aspect of liberty that may be restricted within the bounds of due process.  Some have argued that the Citizenship Clause of the 14th Amendment grants this right, but no court has yet decided that issue.

Your questions should also be discussed with a criminal defense attorney who can advise you on the possible alternatives to a moral turpitude conviction.  First of all, you can be removed from the U.S. because you are out of status, regardless of your criminal history.  The question is how and when you could face removal proceedings.   In general, if you receive jail time, ICE will be notified and a hold will be placed on you.  You will not be released from jail after serving your sentence and will be turned over to ICE custody.  You might remain in the same jail, but your legal custody will change from the State to ICE.   A shoplifting offense is a crime involving dishonesty and, therefore, is a crime involving moral turpitude.  It does not matter if it is a misdemeanor or felony; if the maximum possible sentence is one year or more, it is a removable offense.  If the maximum possible sentence is less than one year, and you were not sentenced to serve more than 6 months in jail, you may be eligible for an exception.  But you could still be removed based on you violating your status when you stopped attending classes. If you do not receive a jail sentence, then you most likely will not be turned over to ICE. Good luck, Mark