saying inadmissible to us.
Threats is going come close to the line, and much will depend on the language of the specific code section violated, and the potential punishments, as well as whatever punishment was imposed. Certainly threatening serious physical harm may cross the line. But, the bottom line for you is that you need an immigration attorney to analyze the facts, the language of the code section, and argue either that it isn't a CIMT or is subject to some exception or relief.
Answers provided by attorney Matt Williams to questions on Avvo DO NOT form an attorney client relationship. Mr. Williams is available to represent persons charged with crimes in Ohio for a fee. Only after Mr. Williams is retained, or agrees to discuss a matter privately, shall Mr. Williams be deemed your attorney. Mr. Williams answers questions on Avvo only to provide general advice based upon the limited information in the question.
I agree with Mr. Williams. I will only add that based on my (minimal) understanding the definition of criminal conduct in Federal Immigration code is much broader than most state criminal codes. Thus conduct that might be considered a low level offense under state law might be enough to a determination of inadmissibility. I also understand that DHS officers reviewing immigration applications are looking hard for reasons to deny admission. Hire a qualified immigration attorney right away.
This question does not provide enough information to elicit helpful response other than to give general advise to seek an immigration attorney or criminal defense attorney who is experienced in immigration law or works closely with an immigration attorney to determine whether the charge, arrest or conviction will be an issue of inadmissibility PRIOR to pleading in a criminal matter, admitting to any particular conduct or departing the US. Seek appropriate help by choosing an attorney and then having a private discussion and review of your particular circumstance(s)..
It may be if prosecuted. Much more information is required before an assessment may be made.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
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