Q: Is Class C Misd. Traffic Violations with Def. Adjudication in Texas a CIMT & affect asylum and/or EB status adjustment?
The accused was driving with head-tail lights off & confused. She has a pending asylee status [no asylum interview yet], and became a victim of rapid escalation, was arrested & accused with Misd. Class B: Fleeing a Police Officer in TX. It had NO damage, resistance, drugs/alcohol. The attorney sought a Pre-Trial diversion (considered a Conviction under imm. law), so the att. asked for deferred adjudication (Class C traffic violation) to avoid imm. consequences (also a Conviction under the imm. law). Will USCIS still consider the initial Class B charge when evaluating the scenario even if she does def. adjud. for Class C: Traffic Violation? (Note: Class C misd. punishable by a max. $500 fine; Class B by max. 6 months jail and/or a $2,000 fine.) Will USCIS deny her future asylum/EB adjust because of it? She has not accepted anything yet. Suggestions, please? Is it true USCIS considers Class C misd. in TX not a felony or misd. under imm. law as it's punished by fine and not confinement?
A:
Based on the information provided, here are a few key points to consider:
1. Deferred adjudication is generally considered a conviction under U.S. immigration law, regardless of whether it's for a Class C misdemeanor (traffic violation) or a Class B misdemeanor (fleeing a police officer).
2. When evaluating the case, USCIS will likely consider the initial Class B misdemeanor charge, even if the accused ultimately accepts a deferred adjudication for a Class C traffic violation. The immigration authorities will look at the original charges and the facts of the case.
3. A single Class C misdemeanor traffic violation with deferred adjudication may not automatically bar the accused from asylum or adjustment of status to lawful permanent resident (green card) through employment-based (EB) categories. However, it could still be a negative factor in the discretionary decision made by USCIS.
4. Generally, a crime involving moral turpitude (CIMT) is one that involves fraud, larceny, or intent to harm persons or property. A traffic violation, such as driving without headlights, typically does not fall under the CIMT category. However, fleeing a police officer might be considered a CIMT, depending on the circumstances and state law.
5. It is true that, in some cases, USCIS may not consider a Class C misdemeanor in Texas as a felony or misdemeanor under immigration law if it is only punishable by a fine and not confinement. However, this determination is case-specific and depends on various factors.
Suggestions:
- Consult with an experienced immigration attorney who can review the specific details of the case and provide guidance on the best course of action.
- Consider the potential risks and benefits of accepting a deferred adjudication for a Class C traffic violation versus fighting the original Class B misdemeanor charge.
- Gather supporting evidence and documentation to demonstrate the accused's good moral character, community ties, and any mitigating factors that may help in the immigration case.
Remember, every case is unique, and the outcome may depend on various factors. It is essential to work closely with a qualified immigration attorney to navigate this complex situation and protect the accused's rights and future immigration prospects.
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