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Is trespassing a CIMT?

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?

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Attorney answers 4

Posted

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 response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. Mark Solomon Criminal Defense Attorney Solomon Law, P.C. 2600 S. Parker Rd, Suite 3-134, Aurora, CO 80014 (720) 722-2050 http://www.solomonesq.com/

Asker

Posted

Aurora Municipal Code is 94-71(6) trespass/ unpriv. entry/remain. I did plea guilty to trespassing charge.

Mark S. Solomon

Mark S. Solomon

Posted

When applying for naturalization, the BOI looks 5 years into your past to check for convictions. A deferred judgment counts as a conviction for the purposes of immigration law. As such, you will likely have to wait five years from the end of your case's dismissal to apply for naturalizations. A conviction within the five years before applying will likely be a problem for you. Importantly, if you apply for naturalization before this case is five years old, GET AN IMMIGRATION LAWYER to help you. This conviction will probably be an immigration issue you will not be able to handle on your own. Best of luck

Posted

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

Brandon

Posted

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.

Posted

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 advice of experienced immigration legal counsel. The posting of a response in no way infers client - attorney relationship has been established.

Asker

Posted

I did plead guilty for trespassing, believing that it is not a CMI, the original charge was theft, but I was not convicted for the crime, since trespassing was amended. Aurora Municipal Code is 94-71(6) on the ticket says trespass/unpriv entry/ remain. And I thought the petty exception applies if you are trying to become a GC holder, but I have been a GC holder for almost 3 yrs.

Douglas A. A'Hern

Douglas A. A'Hern

Posted

Petty exception can also apply to removal proceedings. Each law is different in the way it is written, and it also depends upon what facts were admitted to when you were adjudicated guilty. Bottom line is that your question was in reference to a N400 process and the answer should be, even if it is a CIMT one "should" not bar you from becoming a USC. http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter2.html

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