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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    is using a fake id to buy alcohol a CIMT
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XLT
Associate Member
Posted
According to this article
http://209.85.129.132/search?q...2&cd=7&hl=en&ct=clnk

it is not a CIMT in Arizona ....does that apply to immigration law ?
 
Posts: 8 | Registered: 09-22-2009Reply With QuoteReport This Post
Power Member
Picture of federale86
Posted Hide Post
Wrong, the federal government determines if it is a CIMT, not State law. Out of luck.
 
Posts: 2355 | Registered: 08-19-2008Reply With QuoteReport This Post
XLT
Associate Member
Posted Hide Post
Well did the federal government determine that using a fake id to buy alcohol is a CIMT ? .... I tried to find that online but the only web site that talked about that was the Arizona web site...
 
Posts: 8 | Registered: 09-22-2009Reply With QuoteReport This Post
XLT
Associate Member
Posted Hide Post
Also how does a visa officer determine if a crime is CIMT or not ?
 
Posts: 8 | Registered: 09-22-2009Reply With QuoteReport This Post
Power Member
Picture of ProudUSC
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Hi XLT,

I think you should discuss this with a reputable immigration lawyer. Take a look at this:

http://law.justia.com/us/cfr/t....0.1.5.26.3.1.1.html

(3) Two or more crimes committed under age 18. An alien convicted of a crime involving moral turpitude or admitting the commission of acts which constitute the essential elements of such a crime and who has committed an additional crime involving moral turpitude shall be ineligible under INA 212(a)(2)(A)(i)(I), even though the crimes were committed while the alien was under the age of 18 years.


Do not go where the path may lead, go instead where there is no path and leave a trail.
(Ralph Waldo Emerson)
 
Posts: 9355 | Registered: 02-07-2007Reply With QuoteReport This Post
Power Member
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The CIMT determination is based upon YOUR statute of conviction. Period. The elements of the ofense as defined by your state are the core of the matter here.

You don't have to post here what you did. Find out what you were convicted of, if the chart says it's not a CIMT then there's a good chance it won't be. However, nobody is sure, the AO will make the determination based on the VERY SAME categorical analysis they used to make that chart...

You should talk to a lawyer if in doubt.


This is not legal advice. For legal advice contact an immigration attorney.
 
Posts: 2798 | Registered: 12-19-2005Reply With QuoteReport This Post
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