Crime & Immigration
Ground of Inadmissibility: CIMT
Any person that is convicted of or admits to committing a crime involving moral turpitude (CIMT) is not admissible to the US. Immigration laws define a CIMT as (1) an act that is inherently evil or wrong by any society’s standard, or (2) conduct that is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between person or to society in general.
If you are confused, you are not alone. Here are a few things you should keep in mind when trying to figure out if a crime is a CIMT:
- Knowledge is usually a required element of the crime
- Specific intent is usually a required element of the crime
- An element of conscious disregard of a substantial and unjustifiable risk may make a crime a CIMT
- A crime’s classification as a misdemeanor or felony or the sentence imposed do not determine whether a crime involves moral turpitude
The following are examples of crimes that have been determined to be CIMT’s:
- Theft offenses, if they involve a permanent taking
- Crimes that have fraud as an element
- False statements made with the specific intent to deceive
- Murder and attempted murder
- Assault with a deadly weapon
- Possession of child pornography
- Trafficking in a controlled substance
Determining whether a crime is a CIMT requires a careful analysis of immigration law, criminal law, and court opinions. It is very important that anyone that has been charged or convicted, or has admitted to committing, a crime that could potentially be a CIMT, meet with an experienced attorney to discuss their options.
If you have questions about your immigration case, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Group. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
Crime & Immigration
What does it mean to be removable?
Any person that is not a US citizen can be subject to removal from the US if they are found to be inadmissible or deportable.
Who is inadmissible?
Any person seeking admission to the US that is not allowed to because it is determined that one or more ground of inadmissibility applies is inadmissible. Sometimes this includes lawful permanent residents or green card holders.
Grounds of inadmissibility cover the following areas: Health, criminal, national security, immigration violations, and economic.
Who is deportable?
Any individual that was inspected and admitted to the US but that is now removable due to one or more grounds of deportability. This includes lawful permanent residents or green card holders.
Grounds of deportability cover the following areas: Persons that should not have been admitted to the US, immigration status violations, economic, national security/political, unlawful voting, and criminal.
Let’s consider two different scenarios:
Javier is a national of Chile and is traveling to the US with a tourist visa. At the airport in Orlando, the Customs and Border Protection officer finds out that Javier has a criminal conviction for trafficking in a controlled substance. Javier’s conviction is a ground of inadmissibility and he is denied admission to the US. Javier returns to Chile on the next available flight.
Armando, a lawful permanent resident, is conviction for attempted murder and sentenced to 10 years in state prison. Armando’s conviction is a ground of deportability and he will be placed in removal proceedings.
During this series, we will focus on the criminal grounds of inadmissibility and deportability, but keep in mind that there are many other reasons why someone would be denied admission to the US or would be deported after being granted admission.
Video: What does it mean to be removable?
If you have questions about your immigration case, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Group. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
Crime & Immigration
Introduction
For anyone that is not a US citizen, an arrest, a criminal conviction, or sometimes even the mere suspicion that the person committed a criminal activity, can create big problems in their current or future immigration status. Someone that has been living in the US for decades, can find themselves in trouble with immigration authorities and in removal proceedings if any one of these situations occurs.
In a series of weekly videos and blogs, I will be discussing how criminal activity affects immigration status, which criminal activities affect a person’s immigration status, and what options are available to someone that finds themselves in trouble with immigration because of criminal activity.
These videos and blogs are intended to give the viewer and reader general information that is useful, but they are not intended to be legal advice. Anyone that is a not a US citizen and has criminal related issues, should consult with an attorney that can properly evaluate the case in order to determine the effect, if any, a plea, conviction, admission of guilt, or suspicion of criminal activity will have on their current immigration status, as well as on any future application for benefits.
If you have questions about your immigration case, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Group. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
