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  • #16
    everything in America has to do with immigration.

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    • #17
      Maybe it's my own ignorance or I'm having a bad dream.... "mala prohibita" is a violation of a regulation requiring no evil intent or deprived conduct. Unlawful stay is NOT mala in se but mala prohibita... there's no evil, deprived conduct involved, but a violation of required documentation. A DUI is mala prohibita for instance, it's a violation of a regulatory statute that does not require intent, while the violation of the AZ statute for aggravated DUI is mala in se, it requires intent (matter of Lopez Meza)... Geez!

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      • #18
        And for those who don't know, civil convictions can affect immigration benefits. Therefore, a civil suit involving fraud, a crime rendered mala in se and therefore a CIMT, can be devastating to a petitioner. Recently, the courts have made the distinction between "false statements" and "fraudulent statements" in such decisions, mala prohibita and mala in se were fundamental for a proper determination.
        A person who LIES to an immigration officer regarding a material fact is rendered to have intend to defraud thus requiring a waiver (in compensation for the CIMT waiver on the criminal grounds). However, a person who simply overstays and can prove he or she did NOT lie or did NOT have intent, will not require such waiver. For this ground of inadmissibility to be applied, several things must be proved by complete evidence of the record as a whole. 1. A representation was made. 2. the representation was false. 3. the representation was concerning a material fact. 4. the benefit was obtained partially or completely as direct result of such representation. This is the same as proving the elements of the offense of fraud.

        With that said, an overstay because a person truly and honestly changed his mind is not grounds of exclusion, proof must be offered and the burden is on the applicant.

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