Criminal Defense of Immigrants



 
 

§ 20.37 (C)

 
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(C)  Recipients of S Visas for Cooperation With Law Enforcement: Committed Within 10 Years of Last Admission.  If the noncitizen was admitted to the United States by virtue of an S Visa, which is granted to persons who provide valuable assistance to law enforcement in criminal investigations and prosecutions,[241] one CMT conviction will trigger deportation if committed within 10 years, rather than five years, after the person’s admission.[242]  Because so few S Visas are granted, however, this situation seldom arises.  See § 20.35(B), supra.

 


[241] INA § 245(j), 8 U.S.C. § 1255(j).

[242] INA § 237(a)(2)(A)(i)(I), 8 U.S.C. § 1227(a)(2)(A)(i)(I).

Updates

 

BIA

ADMISSION - CRIMES OF MORAL TURPITUDE
Matter of Carrillo-Arrillo, 25 I. & N. Dec. 99 (BIA Oct. 21 2009) (pursuant to the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732, 80 Stat. 1161, 1, the date at which a Cuban noncitizen was paroled in the United States counts as the date of "admission" as a lawful permanent resident; noncitizen who was paroled into the United States in 1999, but did not adjust status until 2001, was not deportable as a noncitizen who had committed a CMT within 5 years of admission based on offenses committed in 2004).
CRIME OF MORAL TURPITUDE " INADMISSIBILITY " FIVE-YEAR CLOCK
Practice Advisory on Matter of Alyazji, 23 I. & N. Dec. 754 (BIA 2005) (Adjustment of Status Following an Admission Does Not Re-Start the Five- Year Clock for Purposes of the Moral Turpitude Deportation Ground), overruling in part Matter of Shanu, 23 I&N Dec. 754 (BIA 2005) Kathy Brady, Immigrant Legal Resource Center, Feb. 28, 2011. http://lawprofessors.typepad.com/immigration/2011/02/practice-advisory-on-.html

 

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