United States immigration: a reference handbook


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A noncitizen who is convicted of making a false claim to U. Further guidance is provided below. The officer should consider the totality of the circumstances and weigh all favorable and unfavorable factors of each case, to include whether the applicant qualifies for an exception. An applicant may only have engaged in unlawful voting if his or her conduct was unlawful under the relevant federal, state, or local election law.

An applicant may be considered to have made a false claim to U. A conviction for unlawful voting, by itself, generally should not bar an applicant from establishing GMC because the conviction is unlikely to be a CIMT. Unless an applicant qualifies for an exception, the applicant is barred from establishing GMC if:. The applicant was convicted and imprisoned for days or more during the statutory period for unlawful voting or for making a false claim to U.

An applicant who fails to file tax returns or pay his or her taxes may be precluded from establishing GMC. This means that their worldwide income may be subject to U. United States , F. Note that the conditional bar to GMC for a controlled substance violation does not apply if the violation was for a single offense of simple possession of 30 grams or less of marijuana. See also Ruiz-Vidal v.

Gonzales , F.

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See Mellouli v. Lynch , S. Conviction for, or an admission to the essential elements of a trafficking offense may be considered a Crime Involving Moral Turpitude, which may trigger a bar to a finding of GMC. See INA f 3. Sections , et. XVIII 16 3. See 21 U. See 8 CFR As explained in subsection 2, the decriminalization of certain activities involving marijuana in certain states and the District of Columbia D. United States , U. Bigamy is the crime of marrying a person while being legally married to someone else.

Savoretti , F. Harrison , F. Lekarczyk , F.

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Collateral estoppel bars a defendant who is convicted in a criminal trial from contesting this conviction in a subsequent civil action with respect to issues necessarily decided in the criminal trial. Ashcroft , F. See Wittgenstein v. INS , F. INA a 48 A - Definition of conviction. INA f - Definition of good moral character.

INA - Prerequisite to naturalization, burden of proof. Citizenship and Immigration Services USCIS is issuing policy guidance in the USCIS Policy Manual to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing good moral character GMC for naturalization even where that conduct would not be an offense under state law.

Policy Manual. Skip shares and print links Share This Page Print. General Categories of Crimes Involving Moral Turpitude CIMTs CIMT Category Elements of Crime Crimes against a person Criminal intent or recklessness, or is defined as morally reprehensible by state may include statutory rape Crimes against property Involving fraud against the government or an individual may include theft, forgery, robbery Sexual and family crimes No one set of principles or elements; see further explanation below may include spousal or child abuse Crimes against authority of the Government Presence of fraud is the main determining factor may include offering a bribe, counterfeiting Crimes Against a Person Crimes against a person involve moral turpitude when the offense contains criminal intent or recklessness or when the crime is defined as morally reprehensible by state statute.

Crimes Against Property Moral turpitude attaches to any crime against property which involves fraud, whether it entails fraud against the government or against an individual. Sexual and Family Crimes It is difficult to discern a distinguishing set of principles that the courts apply to determine whether a particular offense involving sexual and family crimes is a CIMT. Controlled Substance Violation 1. Controlled Substance Violations An applicant cannot establish good moral character GMC if he or she has violated any controlled substance-related federal or state law or regulation of the United States or law or regulation of any foreign country during the statutory period.

Imprisonment for Days or More An applicant cannot establish GMC if he or she is or was imprisoned for an aggregate period of days or more during the statutory period based on a conviction. False Testimony 1.

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False Testimony in Statutory Period An applicant who gives false testimony to obtain any immigration benefit during the statutory period cannot establish GMC. Oath The oral statement must be made under oath in order to constitute false testimony. Subjective Intent to Obtain an Immigration Benefit The applicant must be providing the false testimony in order to obtain an immigration benefit.

Prostitution An applicant may not establish GMC if he or she has engaged in prostitution, procured or attempted to procure or to import prostitutes or persons for the purpose of prostitution, or received proceeds from prostitution during the statutory period. Polygamy An applicant who has practiced or is practicing polygamy during the statutory period is precluded from establishing GMC. Gambling An applicant who has been convicted of committing two or more gambling offenses or who derives his or her income principally from illegal gambling activities during the statutory period is precluded from establishing GMC.


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Habitual Drunkard An applicant who is or was a habitual drunkard during the statutory period is precluded from establishing GMC. Failure to Support Dependents An applicant who willfully failed or refused to support his or her dependents during the statutory period cannot establish GMC unless the applicant establishes extenuating circumstances.

Adultery An applicant who has an extramarital affair during the statutory period that tended to destroy an existing marriage is precluded from establishing GMC. Examples of Unlawful Acts The following are examples of offenses that may be considered under the unlawful acts regulation. Unlawful Voting and False Claim to U. The applicant actually falsely represented himself or herself as a U.

Convictions A conviction for unlawful voting, by itself, generally should not bar an applicant from establishing GMC because the conviction is unlikely to be a CIMT. Legal Authorities 7. Forms 1. Appendices 0.


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Migration and Immigration: A Global View; U.S. Migration: A Global View

Volume 1 - General Policies and Procedures. Volume 2 - Nonimmigrants. Volume 6 - Immigrants. Volume 7 - Adjustment of Status. Volume 8 - Admissibility.

2010: U.S. immigration issue in a nutshell

Volume 9 - Waivers. Volume 10 - Employment Authorization. Volume 11 - Travel and Identity Documents. Volume 12 - Citizenship and Naturalization. Part B - Naturalization Examination. Part C - Accommodations. Part D - General Naturalization Requirements.

senjouin-renkai.com/wp-content/stolen/was-bedeuten-die-zwei-haken-whatsapp.php Part F - Good Moral Character. Chapter 1 - Purpose and Background. Chapter 2 - Adjudicative Factors. Chapter 3 - Evidence and the Record. Part G - Spouses of U. Part H - Children of U. Part I - Military Members and their Families. Part J - Oath of Allegiance. Part K - Certificates of Citizenship and Naturalization. Features Provides biographical sketches of both governmental and nongovernmental figures involved in U. Series Description Contemporary World Issues This award-winning series offers comprehensive, one-volume reference handbooks on important topics related to health, education, the environment, and social and ethical issues.

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