Does culpable negligence respectively gross carelessness involve moral turpitude and therefore is a CIMT?
New York, NY |
Just would like to know if this can be seen as a CIMT ( no bodily harm or act of violence). It was frivolously committed money laundering, but not knowingly. The conviction was under German law ( i'm a German citizen being in Germany)
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City.
The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Anything smacking of money laundering is probably a CIMT but for a definitive legal opinion you will have to hire a lawyer versed in US immigration law who will have to spend some serious time researching the question.
Money laundering is not negligence. It will be moral turpidtude if you are charge with it criminally. See a criminal attorney first, then an immigration attorney.
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My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
For Immigration purposes, there is no clear cut definition of CIMT's. I depends upon the elements of the statute under which you were convicted.
Like my colleague stated though, money laundering, INA 212(a)(2)(I) states that any alien who a consular officer or the Attorney General knows, or has reason to believe, has engaged, is engaging, or seeks to enter the United States to engage, in an offense which is described in section 1956 or 1957 of title 18, United States Code (relating to laundering of monetary instruments); or who a consular officer or the Attorney General knows is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with others in an offense which is described in such section; is inadmissible. SOURCE: http://www.state.gov/documents/organization/86941.pdf
I would highly reccommend you contact an immigration attorney who is versed in obtaining visas
This should not be construed as advice, only information and I recommend for any additional questions you seek the advice of experienced immigration legal counsel. The posting of a response in no way infers client - attorney relationship has been established.