Criminal Defense of Immigrants

(C)  Noncitizen Deportable But Not Inadmissible.  In some cases, a noncitizen convicted of one crime involving moral turpitude may be deportable, but not inadmissible.  For example, if a person suffered a conviction for a qualifying CMT occurring within five years of admission, s/he may be deportable.  If the conviction qualifies for the Petty Offense, Political Offense, or Youthful Offender Exceptions, see § § 20.29-20.31, infra, the person may not be inadmissible on account of the same conviction.  The noncitizen would then be free to attempt to adjust his or her status in removal proceedings, and thereby avoid deportation.[167]

[167] See Matter of Rainford, 20 I. & N. Dec. 598 (BIA 1992) (noncitizen convicted of firearms offense that triggered deportability, but not inadmissibility, allowed to adjust as defense to deportation).