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Crime of Moral turpitude -- immigration consequences
Anonymous5 views4 answers
I am an international student charged with theft felony. My attorney can get it dropped to a misdemeanor offence. However, what type of misdemeanor charge should I get so that I don’t have immigration consequences, i.e. trespass on chattels, some charge not involving moral turpitude. If I have to get a charge involving moral turpitude, how does the petty offence exception help with this?
These are questions you should be asking your attorney. If she/he doesn't know it is time to hire an immigration attorney. It is not an issue that can get solved online as much depends on the state statute and how it has been interpreted under federal immigration law. AVOID felonies and CIMTs by all costs if possible. A petty offense exception will help you avoid future negative immigration consequences, such as if you apply to stay in the U.S. more permanently, IF this will be your only criminal charge whatsoever.
Consult with an immigration as soon as possible. If your criminal attorney is unfamiliar with immigration consequences, you should retain the services of an immigration attorney to review the potential immigration consequences with you and your criminal defense attorney.
You raise questions concerning removable offenses, inadmissibility and maintenance of status. If your criminal defense attorney is not knowledgeable about inmigsariinncibsequebcws consequences, you must hire an immigration attorney to work with your defense attorney to see what options are the best for you in terms of immigration consequence. Do not rely public forum. Seek private consult with experienced immigration attorney ASAP!
Each individual offense needs its own analysis whether it is a CIMT. There is little logic to this, rather a review of the cases is required. A petty offense [one only] has no immigration consequences, so even with a CIMT, if you plead to a petty offense, there are no consequences so long as you do not get convicted of a second such offense.
