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.
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.
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.
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