09 May Crime Involving Moral Turpitude (CIMT) effect on good moral character determination

By Atty. Crispin Caday Lozano

It is very important that those applying for naturalization should consult with an immigration attorney before filing an application because USCIS is very strict in the determination of good moral character.  In general, a noncitizen is statutorily barred from establishing good moral character if, during the time for which good moral character must be shown which is five years for naturalization, she is convicted of or admitted committing a single CIMT. INA § 101(f)(3), 8 USC § 1101(f)(3). If the conviction comes within the petty offense or youthful offender exception to the inadmissibility ground, however, the person is not statutorily barred.

What is Petty Offense Exception?

A. Generally a noncitizen who is convicted of, or formally admits committing, one CIMT is inadmissible. A noncitizen can avoid being inadmissible under the moral turpitude ground, however, by coming within the petty offense exception. The basic requirements are: (1) The noncitizen must have committed only one CIMT (ever); (2) The noncitizen must not have been “sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)” and (3) The offense must have a maximum possible sentence of one year.

If you have a criminal records and may qualify for naturalization but for the offense you were charged, it is advisable to discuss this matter to an immigration attorney.

Note: This is not a legal advice.

SUCCESS STORIES

1. 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.
2. On April 12, 2018, the Immigration Judge in San Francisco approved a waiver of  misrepresentation in applying for a visa         for our client who have been in the U.S. for 26  years, no criminal record and strong family ties in the U.S.
3. On April 3, 2018, we received an approval from USCIS for a U visa for a client who was a victim  of crime.
4. For the month ending March 31, 2018, we received approvals for four naturalization  applications.
5. 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.
6. 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.
7. 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.
8. For the week ending February 9, 2018, we received approvals of one I-485, one N-400, one I-90                        and one I-751.
9. 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.
10. On January 10, 2018, we received an approval form USCIS of a self petition for abused spouse based on same sex marriage.
11. 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;
12. 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).
13. 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.

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 (info@ccllaw.net / 1-877-456-9266)