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is using a fake id to buy alcohol a CIMT

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  • is using a fake id to buy alcohol a CIMT

    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 ?

  • #2
    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 ?

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    • #3
      Wrong, the federal government determines if it is a CIMT, not State law. Out of luck.

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      • #4
        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...

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        • #5
          Also how does a visa officer determine if a crime is CIMT or not ?

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          • #6
            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.

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            • #7
              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.

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