QUESTION

Can a leaving the scene with no injury affect immigration status?

Asked on Jan 18th, 2014 on Immigration - California
More details to this question:
I just got a citation for the above offense. I got a conviction for the above with $25 fine. Is this a CIMT for the purposes of immigration? Note that there was no bodily injury, only damage to the other car.
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4 ANSWERS

Adebola O. Asekun
I'd answer the question first by saying that if not a US citizen, any arrest or conviction for a crime is certainly a factor for CIS to consider with respect to your right to remain in the US or to adjust status [green card] Next, whether your conviction for leaving an accident scene will affect your immigration status depends on the criminal statute of the state of your conviction. And so, not knowing the state where you were convicted, I cannot tell one way or the other. But note that for the most part, the immigration court looks not to what you did, but instead, what you were convicted of. And if your conviction statute includes for instance, the element of conscious depraved indifference, then, it may meet the definition of crime involving moral turpitude. Worse still, if that offense is statutorily analogous to 18 U.S.C. s.16 (a) or (b), the crime may even be an aggravated felony. And the fact that no one was injured is besides the point because, a crime may still be an aggravated felony if it resulted in the destruction of personal property. Before you come in contact with DHS, please consult with an experienced immigration litigation attorney.
Answered on Jan 24th, 2014 at 5:38 AM

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Answer to your question depends on the jurisdiction where a conviction is entered because, to determine whether the conviction is for a CMT, the immigration court will analize the statute of conviction. In New York, and in majority of the states, leaving the scene of a motor vehicle accident is a crime of moral turpitude, regardless of the damages inflicted by the accident.
Answered on Jan 24th, 2014 at 5:37 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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If you are being charged with a misdemeanor, which is how most property damage hit and runs are charged in California, it is not a CIMT and should not affect your immigration status.
Answered on Jan 22nd, 2014 at 3:35 AM

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General Practice Attorney serving Edison, NJ at The Law Offices of Peter S. Kollory
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You have to review the state law based on the citation And it depends on the type of visa one has in order to plead properly in the mun/court. Need to consult an attorney for full interview and this response should not be construed as an advice to anyone in particular.
Answered on Jan 22nd, 2014 at 3:35 AM

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