30 Apr LPR may be removable if they are convicted of a crime involving moral turpitude

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. On April 24, 2019, we received approval from USCIS for three naturalization applications and one adjustment of status.
2. On March 29, 2019, we received an approval of adjustment of status for a client whose petitioner and primary beneficiary has died under INA 204(l)
3. On March 28, 2019, we received an approval of renewal of green card for a client who was in the Philippines under medical treatment for one and a half years.
4. From March 4 to 26, 2019, we received six adjustment of status approvals.
5. For the month of February, 2019, we received tow approvals of renewal of green card and one approval of removal of condition on residence.
6. On January 16, 2019, we received an approval of naturalization for a client who received a waiver of misrepresentation in Immigration Court.
7. On January 28, 2019 we received an approval of adjustment of status for a client who entered on a visa waiver.
8. On December 6, 2018, we received an approval from Immigration Judge an adjustment of status for a client in removal proceedings.
9. On December 26, 2018, we received an approval from USCIS of adjustment of status for a client after our response to Notice of Intent to Deny the case based on good faith marriage issues.
10. On December 28, 2018, we received an approval of a naturalization from USCIS for a client who was granted a waiver of misrepresentation in Immigration Court.
11. For the month of December 2018, we received approvals of I-751 for three clients.
12. For the month of November 2018, we received approvals of two adjustment of status, one naturalization and one U visa petition.
13. 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.
14. On September 19, 2018, we received an approval of N-400 naturalization application and one Fiancée visa petition..
15. For the month of August 2018, we received an approval of four Naturalization applications and five adjustment of status applications.
16. On July 27, 2018, we received an approval for permanent resident for a client who was abused by her spouse under VAWA.

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.  He practices immigration law, bankruptcy and personal injury law since June 1999.  His contact phone is 1-877-456-9266, email: info@ccllaw.net