26 Mar You may be removed based on conviction of Crimes Involving Moral Turpitude (CIMT)
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:
- Be an LPR for not less than five years
- Resided in the United States for not less than seven years in any status;
- 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.
- For the week ending March 2, 2018, we received three Adjustment of Status, one Application to Remove Condition on Residence and one Renewal of Green Card approvals.
- For the week ending February 9, 2018, we received approvals of one I-485, one N-400, one I-90 and one I-751.
- On January 12, 2018, we received an approval of immigrant visa at the U.S. Consulate Manila for an alien who applied for I-601-A as one who entered as a seaman.
- On January 10, 2018, we received an approval form USCIS of a self petition for abused spouse based on same sex marriage.
- On January 3, 2018, we received an approval from the Immigration Court for a waiver of misrepresentation for a client who was charged with misrepresentation in marriage;
- On December 15, 2017, we received an approval from USCIS for an adjustment of status for same sex marriage for an applicant who entered without inspection but has Sec. 245 (i).
- On November 16, 2017, we received an approval from Immigration Court for a waiver of misrepresentation for entering as single daughter of U.S. citizen but actually married.
- On October 25, 2017, we received an approval of I-485 adjustment of status for our client who has a DUI but has proof that he has cleared his record.
- On October 20, 2017, we received an approval of naturalization for a client who was granted a waiver of misrepresentation in Immigration Court.
- On October 16, 2017, we received from USCIS an approval for an adjustment of status for same sex marriage, after two scheduled interviews.
- On October 9, 2017, we received an approval from USCIS for adjustment of status for a client who entered as a seaman but has Sec. 245 (i) eligibility.
- On October 2, 2017, we received an approval of adjustment of status from USCIS for a client who entered without inspection but has Sec. 245(i).
- For the week ending September 15, 2017, we received three Immigrant Visa Approvals in U.S. Embassy Manila for three applicants who entered as seaman under the Provisional Waiver Program.
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 Association. He specializes in immigration law and personal injury. For free consultation email or call (firstname.lastname@example.org / 1-877-456-9266)