The “petty offense exception” applied to a person with only one conviction for a crime involving moral turpitude (CIMT). Since so many offenses can be classified as crimes involving moral turpitude, many noncitizens risk being excluded even for minor convictions. Coming within the Petty Offense Exception is one way to avoid this exclusion. This exception … Read morePetty Offense Exception
UNLAWFUL PRESENCE AND THE THREE/TEN-YEAR-BAR Under the unlawful presence grounds of inadmissibility, the three- and ten-year bars at INA § 212(a)(9)(B) penalize people who are present in the US. without any lawful immigration status for more than 6 months and 12 months respectively. This could be overstaying a visa by failing to depart the US. … Read moreUNLAWFUL PRESENCE BARS CAN RUN IN THE US, BIA & USCIS AFFIRM
The “petty offense exception” applied to a person with only one conviction for a crime involving moral turpitude (CIMT). Eligibility for the petty offense exception. Only one CIMT, Punishment under 6 months. Max term of imprisonment under one year.
Inadmissible and deportable for making a false claim to U.S. citizenship. INA § 212(a)(6)(C)(ii); INA §237(a)(3)(D). A person who falsely represents or has falsely represented themselves to be a U.S.citizen for any purpose or benefit under the INA or any other federal or state law is inadmissible anddeportable Therefore, as written, DHS could apply these … Read moreFalse Claim to U.S. Citizenship