Houston, TX asked in Criminal Law and Immigration Law for Texas

Q: Please Read,

This is about my husband who was charged in federal court on a charge of "misprision of felony" and served 1 year of federal prison, he is now in immigration detention for deportation for violating a student visa (basically not going back to his country after school was completed) which every circuit except the 9th Circuit classifies this as a CIMT. Okay, I've talked to at least 15 immigration and THEY all told me he has a good case and they are 90% certain they can win this case due to him being homosexual, being arrested for being gay in his country before being in the US, and other reasons and evidence. I do already have an immigration attorney He is certain he will lose his case for I HAVE NO FREAKIN IDEA. He wants to know what the difference between a CIMT and an aggravated felony. Based on my research, an aggravated felony could be any crime that Congress sets it to be or a prison term exceeding one year. Well wouldn't misprision of felony be considered an aggravated felony?

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2 Lawyer Answers
Ebenezer Appiagyei
Ebenezer Appiagyei
  • Criminal Law Lawyer
  • Girard

A: American immigration law. A conviction for a crime involving moral turpitude (CIMT) causes a person to be inadmissible to the United States under section 212(a)(2)(a)(i) of the INA (Immigration and Nationality Act).

Tammy L. Wincott
Tammy L. Wincott
  • San Antonio, TX
  • Licensed in Texas

A: If you don't like the current immigration lawyer then perhaps you should hire a new one. Crimes against moral turpitude are taken very seriously in immigration.

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