Is trespassing a CIMT?

Asked over 1 year ago - Denver, CO

Is trespassing a crime of moral turpitude? I was originally charged for shoplifting, the CIty Attorney amended trespassing instead. the charge will be dismissed after 1 yr. Would I have any problems when I apply for citizenship?

Attorney answers (4)

  1. Mark S. Solomon

    Contributor Level 15

    6

    Lawyers agree

    Answered . A deferred judgment in Denver usually involves a guilty plea. Under immigration law, a guilty plea is admitting the conduct, which "counts" as a conviction for immigration purposes. So, the deferred judgment part does not matter to a later removal hearing.

    Generally, if you plead to a trespassing, amended from a theft, this will not be considered a CIMT. However, if you admit to any facts involving the intent to steal, you may have problems.

    As such, you are far better to have an attorney to help you with this case.

    You can reach Mark Solomon at (720) 722-2050 for clarifications to any answers here. This is general informational... more
  2. Brandon Uriah Luna

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . Your question is very fact specific. You absolutely must contact an attorney with immigration experience to help you through this process.

    Brandon

  3. Michael Paul Gianelli

    Pro

    Contributor Level 9

    4

    Lawyers agree

    Answered . You should also keep in mind that the conviction may qualify under the petty offense exception, which is a kind of "free-pass" for certain crimes under the immigration statute. And this conviction will impact the required good moral character showing that you must make for naturalization purposes.

    No attorney-client relationship is formed from this communication.
  4. Douglas A. A'Hern

    Contributor Level 6

    3

    Lawyers agree

    Answered . I would not think so, but it could be tricky because it was originally charged as a theft. There is no listing of what are CIMT's, but you can generally look at what are not CIMT's.

    A crime involves moral turpitude if it has as an element fraud or other dishonest intent, such as the intent to permanently deprive a rightful owner of her property. Other offenses are CIMTs because they violate clearly established social norms, for example, child molestation or assault with a deadly weapon. An important thing to remember is that even a minor offense with no jail time imposed can be a CIMT.

    However, for one criminal offense, an exception commonly called the “petty
    offense exception” may be available. See INA § 212(a)(2)(A)(ii)(II). This applies if the maximum
    sentence imposable for the offense was one year, and the respondent received a sentence of six months or less.


    Under INA § 212(a)(2)(A)(i)(I), any person who has been convicted of a CIMT, or who admits committing acts which constitute the essential elements of a CIMT, is inadmissible to the United States.



    Research Matter of Lopez-Meza, 22 I&N Dec. 1188 (BIA 1999)

    This should not be construed as advice, only information and I recommend for any additional questions you seek the... more

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