Is it a CIMT since it is a divisive statute to offer an instrument for filing in New Jersey? 5 Answers as of December 15, 2010

A relative of mine is in the process of fingerprinting for his N400 but he has a conviction in 97 for theft and 98 for 2C:21-3.b in New Jersey. Offering a false instrument for filing both at the municipal courts in New Jersey. Is the second offense a CIMT? Because we were told that there has been cases whereby those were ruled not to be CIMT.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The first question is whether the first conviction is an aggravated felony or a misdemeanor. An aggravated felony, which is an offense that contains a potential sentence of at least one year in prison, and involves a crime of violence or a crime involving moral turpitude (CIMT), is an automatic disqualifier for a legal benefit, including citizenship, and can be cause for removal. The offering of a false instrument in a public filing has an element of fraud, which can be a disqualifier as well. However, the reason that you may have heard that these were not a CIMT is under two circumstances: 1) they were misdemeanors, and 2) the final disposition of
the case made at least one of them not have a finding of theft or fraud as an element of the offense. If you wish to have further help on the case of your relative's N-400, feel free to contact me for an in-person or telephone consultation.
Answer Applies to: California
Replied: 12/15/2010
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang

USCIS looks at moral character in the past 5 years. Since your incidents occurred more than 10 years ago, chance for them to ignore that is very good.

Good luck!
Answer Applies to: Florida
Replied: 11/23/2010
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
This question is too specific to be able to answer in a forum like this. We would need to look at the arrest report and final court disposition to evaluate the relevant statute.
Answer Applies to: Florida
Replied: 11/19/2010
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
It is always best to check with an attorney BEFORE filing anything. This is a very specific question which requires legal research. In involves searching for cases involving the same New jersey penal code convictions, and actually looking up the codes section in the books or online. it also involves looking at the entire records (certified court disposition, police reports, court transcripts, complaint, etc...). It might take a lawyer a couple of hours to get a good idea whether the particular conviction at issue is a CIMT. At first reading, both conviction appear to be CIMT, but a complete research might indicates otherwise.
Answer Applies to: California
Replied: 11/19/2010
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
"CIMT's", i.e. Crimes Involving Moral Turpitude, are generally those considered by USCIS to involve, lying, cheating, or stealing. Sounds like the one described could qualify for at least two of these three but you might want to check it out further with a New Jersey attorney who practices immigration law for further advice on this issue.
Answer Applies to: Virginia
Replied: 11/18/2010
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