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?
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).
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
