20 Nov Conviction of Crimes Involving Moral Turpitude (CIMT) will make you removable

By Atty. Crispin Caday Lozano

If you have committed a crime make sure that your conviction will not make you removable.  Generally, an alien is removable is he commits crimes involving moral turpitude.  There are certain requirements to be followed before a permanent resident alien will be subject to removal based on the commission of CIMT.  The Lawful Permanent Resident alien may request Cancellation of Removal in Immigration Court as a relief.

Q. What are the requirements for cancellation of removal?

A. To qualify for Cancellation of Removal the LPR alien must:

1. Be an LPR for not less than five years
2. Resided in the United States for not less than seven years in any status;
3. Have not been convicted of an aggravated felony.

Q. What starts the five-year clock for the CIMT deportation ground?

A. If the immigrant’s current period in the U.S. started with an admission in any

status, that starts the five years; a subsequent adjustment of status to permanent residency does not “re-start” the clock. If the immigrant’s current period started with an entry without inspection (EWI), the subsequent adjustment of status starts the five years.

Analysis and Discussion. A noncitizen is deportable based upon conviction of a single crime involving moral turpitude that carries a potential sentence of a year or more, if the person committed the offense within five years “after the date of admission.”

In each of the following examples, assume that the person is convicted of a crime involving moral turpitude (CIMT) with a potential sentence of at least one year. Therefore the person will be deportable if the offense was committed within five years “after the date of admission.”

Example 1. Alice is admitted to the U.S. on a visitor’s visa in 2001 and overstays. In 2006 she adjusts status to lawful permanent residence based on marriage. She commits the CIMT in 2007. Her “date of admission” for purposes of the five years is the date she was admitted as a tourist in 2001. Since that was more than five years before she committed the offense in 2007, she is not deportable. The result would be the same if Alice had not fallen out of status before adjusting.

Example 2. Ben enters the U.S. without inspection in 2001. In 2006 he adjusts status to

lawful permanent residence (for example, pursuant to INA § 245(i) or as an asylee). His “date of admission” for purposes of the five years is the 2006 date of adjustment. If he commits the CIMT in 2009, he will be deportable.

Example 3. Cory is admitted to the U.S. as a permanent resident in 2002. In 2008 he leaves the U.S. for a few weeks just to visit his mother. Upon his return he does not make a new “admission,” pursuant to INA § 101(a)(13)(C).3 In 2009 he commits the CIMT. The lawyer should argue that under the Alyazji test the date of admission for purposes of the five years is 2002, not 2008, because his 2008 return was neither an admission nor an adjustment.

Note:  This is not a legal advice.

SUCCESS STORIES

1. For the month of October 2018, we received five approvals of N-400 and one approval for adjustment of status, two approvals of I-601A waiver of unlawful presence and one I-751 Removal of Condition on Residence.
2. On September 19, 2018, we received an approval of N-400 naturalization application and one Fiancée visa petition..
3. For the month of August 2018, we received an approval of four Naturalization applications and five adjustment of status applications.
4. On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.
5. For the months of May to June 2018, we have received four Naturalization applications approvals and two Adjustment of Status approvals
6. On April 18, 2018, we received a grant of waiver from Immigration Court for a husband and wife client who made a misrepresentation of their  marital status but has no criminal records, has long residence and strong family ties in the U.S.
7. On April 12, 2018, the Immigration Judge in San Francisco approved a waiver of misrepresentation in applying for a visa    for our client who has been in the U.S. for 26 years, no criminal record and strong family ties in the U.S.
8. On April 3, 2018, we received an approval from USCIS for a U visa for a client who was a victim of crime.
9. For the month ending March 31, 2018, we received approvals for four naturalization applications.
10. For the week ending March 31, 2018, we received approvals of six Adjustment of Status, two Application to Remove Condition on Residence and two Renewal of Green Card approvals.
11. On March 9, 2018, we received an approval from USCIS for adjustment of status for a client who was abused by her spouse. The I-601 waiver was approved based on extreme hardship.
12. On February 15, 2018, we received a grant from Immigration Judge for a waiver of misrepresentation for a client who has been in the U.S. for long period of time.

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem   gets worse which could lead to deportation and family separation.

Crispin Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers.  His contact phone is 1-877-456-9266, email: info@ccllaw.net