Is the misdemeanor 1 year probation for malicious use of telephone service charge (Using vulgar, indecent, obscene, or offensive language or suggesting any lewd or lascivious act in the course of a conversation or message through the use of a telecommunications service or device.) a crime involving moral turpitude? Is the suspect eligible for reentry ? Should he wait another 5 years after probation to be eligible for citizenship ?
Attorneys litigate the definition of what a CIMT is at an ongoing basis. You would want an attorney to show that this isn't one and also that if it is, it should come under a petty offense exception. Consult with an attorney about your status and the court disposition and you should get a more complete answer. Good luck!
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
You need to run a certified disposition by an immigration attorney but it's probably a petty offense.
My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action.
I agree with my colleague. You need to gather your conviction records including your Judgment of Sentence and meet with an immigration attorney to confirm that this a petty offense (and therefore not a CIMT) and discuss the implications on the good moral character requirment for naturalization. WHile this may seem confusing, CIMT and GMC are separate concepts in immigration court. Just because it is not a CIMT doesn't mean that it won't effect an IO's adjudication of his natz application on GMC grounds.
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As my colleagues stated, you need to show your papers to an attorney ... this question can not be properly answered on an internet blog.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.
Crime involving moral turpitude has no set definition, it is quite possible that this is one. One CIMT with a sentence of under 6 months in jail, including suspended, is generally a petty offense, and should be no problem for travel if there are no other convictions. US citizenship requires Good Moral Character and you should wait five years.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.