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help please how can i help him!!!

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  • #16
    I found this on the web - maybe this will help.

    Removability (Deportability) Issues

    While a person who is applying for a visa or for entry to the U.S. or Adjustment of Status to Permanent Resident (I-485) may be able to avoid severe consequences if all the requirements are met for an exception, one who is in removal (formerly known as deportation) proceedings has a much bigger problem. If a person is convicted of a crime of moral turpitude committed within five years of entering the U.S., s/he could face removal even if the crime was shoplifting or "petty theft."

    For one in removal proceedings there is no exception for so-called petty offenses. If this person has a spouse, parent, or child who is a U.S. citizen or permanent resident, it may be possible to apply for a discretionary waiver, but such waivers are very difficult to obtain and require a showing of "extreme hardship" to that relative.

    Furthermore, under the immigration law, it is possible a misdemeanor conviction for a crime such as shoplifting could qualify as an "aggravated felony." One convicted of an aggravated felony faces restrictions on his/her ability to apply for relief and avoid being deported. A shoplifting conviction is an aggravated felony if the sentence imposed is at least one year in jail, even if that sentence is suspended. A permanent resident of the U.S. with an aggravated felony conviction is not eligible to apply for the type of waiver described above and is also barred from most other forms of relief.

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    • #17
      INA is simple and easy to understand? You just proved the point, and very convincingly I might add, about the hyper-technicality of the law.

      An aggravated felony is a felony, most of the time. To be considered an aggravated felony, in most cases, the term of imprisonment imposed by the judge must be at least 365 days, regardless of the suspension of the sentence. In other cases, the loss to the victim must be at least $10,000. Yet, other "aggravated felonies" do not require more than a conviction, such as 922 violations. Sentencing is mostly regulated by the sentencing guidelines and Aprendi.

      It's the regulatory offenses, only calling for a conviction, that may "convert" a misdemeanor into an aggravated felony. In some cases, a "conviction" that wouldn't be a conviction at all under any federal or state law, as mandated by the statute, would be an aggravated felony when in fact the applicant can say, truthfully, that he or she was never convicted of ANY felony whatsoever. Weird? Welcome to immigration law!

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      • #18
        ntfd3, your point of view is taken; however, you're missing the point of illegal. They were not invited into this country. They broke the law - it's as simple as that.
        _______________________________________________
        This is what I said in a previous post. I didn't say anything about immigration laws being simple. They're very complex. The more I read, the more confusing they are.

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        • #19
          How can you intentionally or maliciously break a law that you do not understand? To be guilty of "intentionally doing something" you must first have knowledge "what you're doing".

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          • #20
            Huh??? So you're saying the millions who crossed our borders (again, I am talking illegal) do not understand it is against our laws? What? Is there a 'Welcome' sign posted along our borders I don't know about? How about the presence of border control? Surely, you can't think these people are that stupid. They know good and well they're breaking them - they just don't care. The immigration laws are complicated. This aspect of it is not.

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            • #21
              templar

              would you please explain to me what are :

              "crime of moral terpitude"

              I am just just curious

              I mean I lived 5 years in USA and I loved that country and appreciated the freedom and the goos system in it, so I never broke a law, but I made one mistake that I speeded (not intentionally in construction area ) it was really empty and I did not see the sign cause I was looking for an enterance for a high way, but I attened the court and paid the fine, and the school and I was happy while taking responsiblity to what I did. but I saw many people commited DUI every day, and more than one time for the same prson , or shoplifting or assualting or hitting in a fight? does any of those called a felony? I really do not know that is why I ask?

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              • #22
                What I'm saying is that nobody should make generalizations, assigning blame, without knowing the particulars of each case.

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                • #23
                  Said - see below - I don't think you have anything to worry about with your speeding ticket.

                  Moral Turpitude

                  A phrase used in criminal law to describe conduct that is considered contrary to community standards of justice, honesty, or good morals.

                  Crimes involving moral turpitude have an inherent quality of baseness, vileness, or depravity with respect to a person's duty to another or to society in general. Examples include rape, forgery, robbery, and solicitation by prostitutes.

                  Many jurisdictions impose penalties, such as deportation of aliens and disbarment of attorneys, following convictions of crimes involving moral turpitude.

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                  • #24
                    I have lost my link for CIMT, but a google will probably find some.

                    OK there may be some very exception circumstance where a felony will not involve deportation, never seen one in practice, but as has been said there are some misdemeanors which will get you booted out.

                    With regards to waivers, Extreme Hardship is usually not that high a hurdle, Mexico, where most are processed has even introduced a fast track system as they get so many. 90% pass rate and that includes the brain dead and felons.

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                    • #25
                      What? Your post didn't make sense? Maybe you didn't go into detail enough?

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                      • #26
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:
                        Said - see below - I don't think you have anything to worry about with your speeding ticket.

                        Moral Turpitude

                        A phrase used in criminal law to describe conduct that is considered contrary to community standards of justice, honesty, or good morals.

                        Crimes involving moral turpitude have an inherent quality of baseness, vileness, or depravity with respect to a person's duty to another or to society in general. Examples include rape, forgery, robbery, and solicitation by prostitutes.

                        Many jurisdictions impose penalties, such as deportation of aliens and disbarment of attorneys, following convictions of crimes involving moral turpitude. </div></BLOCKQUOTE>
                        You got this from answers.com, didn't you&gt;

                        Lets take a look how immigration law defines "moral turpitude:"
                        "Moral turpitude is one of the most amorphous concepts in immigration law. There is no definition of moral turpitude, although many courts have attempted to construe one, using phrases such as an act of baseness, depravity or vileness. While there is no set definition, it is clear that the moral turpitude involved must be part of the essence of the offense. A crime involving moral turpitude need not have resulted in a conviction for it to render a person inadmissible, and admitting to an act that has the elements of a crime involving moral turpitude is sufficient to bar entry. Where an actual conviction occurred, the only issue is whether the offense was a crime involving moral turpitude. Where there is only an admission, a number of other steps are required. First, it must be clear that the act admitted to could have been criminally prosecuted in the place where it occurred. Second, the immigrant must fully understand the elements of the crime to which they have admitted. Third, while the immigrant needs to say that he/she is guilty of an offense, he/she does need to admit to all of the essential elements of the offense. Fourth, the admission must be totally voluntary."

                        Notice under this definition that the immigrant does not need to even been convicted, if an immigrant committed a crime under moral turpitude, along with other steps. Furthermore, no court has determined a universal definition of what constitutes "moral turpitude." Finally, you seem to think that whatever is "contrary to community standards of justice, honesty, or good morals," one would have violated a "crime of moral turpitude." So, how do you account for polygamy, legalization of drugs, adultery, *** or *******, etc. In some cultures, these are acceptable, and in others, it is not. Even within the US, it is considered acceptable and in most areas, it is not.

                        It is not that simple in immigration law.
                        "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                        Comment


                        • #27
                          True, there's no universal definition of CIMT, but there's some semi-hard standards set in place that are followed. Instead of defining criminal activity/sentencing as the hard standard, Congress elected to use the CIMT path. While it's evident why they paid special attention to this type of crime, it creates a problem for the lower courts and some adjudicators who must read the convictions in light of past BIA, CAP and SC opinions.

                          When they say that "no conviction is required", well, that's not correct. What's required is some sort of admission and some "pseudo-trial" held by an official. Perhaps here the words "pseudo-trial" are too broad, in reality these rulings are sometimes quick and superficial imposing life-altering consequences that are unimaginable given the sometimes petty nature of the offense. Needless to say, the efficiency and accuracy of these actions is dubious to say the least and violate the cardinal principle of "innocent until proven guilty" in the criminal justice system. These are civil actions, but the sanctions imposed are the result of "criminal" conduct; it's only proper to require an actual criminal adjudication in order to impose the consequences of criminal conduct.

                          Say you don't know the details of a statute and pertinent case law and confess to a crime you didn't actually commit. You're rendered inadmissible and removed, the ban is imposed and it will stick even if you're, on a later date, acquitted in a criminal court by a criminal judge and/or jury. Forget about damages and restitution, the fact remains that you may be punished by a crime you never committed, and these punishments are very real and severe, extending not only to the alien but to his or her immediate family.

                          -THIS IS NOT LEGAL ADVICE-

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