ARS § 13-1202 states, “A person commits threatening or intimidating if the person threatens or intimidates by word or conduct:

1. To cause physical injury to another person or serious damage to the property of another; or
2. To cause, or in reckless disregard to causing, serious public inconvenience including, but not limited to, evacuation of a building, place of assembly or transportation facility; or
3. To cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang, a criminal syndicate or a racketeering enterprise.

Like all of the articles written on the topic of criminal activity the first question that arises is this a Crime Involving Moral Turpitude (CMT)? Unclear, but this statute should be divisible meaning that one and two do not have the requisite intent element that defines a CMT, and therefore should not be ruled to in fact be a CMT.

Number 3 of the statute is a different story and if specifically listed on a plea may be charged as a CMT because it requires the person to threaten in order to support gang or racketeering activity. It would be wise to avoid this section in any plea.

If you are accused of threatening or intimidating and you have immigration issues please do not hesitate to contact a Phoenix immigration lawyer at Ariano & Reppucci, PLLC who can both assist your criminal attorney and you minimize any immigration consequences from your criminal convictions. To set up an appointment call 602-515-0841.

A person commits perjury by making either:

1. A false sworn statement in regard to a material issue, believing it to be false.
2. A false unsworn declaration, certificate, verification or statement in regard to a material issue that the person subscribes as true under penalty of perjury, believing it to be false. Perjury is a class 4 felony.

Perjury contains a materiality element which renders it a crime of moral turpitude. If a sentence of a year or more is imposed it will also be considered an aggravated felony.

So what can be done? One route is to try and plead to false swearing which carries lighter immigration consequences. Or at the very least to try at all costs to avoid a sentence of a year or longer.

False swearing is codified in ARS § 13-2703 and is violated when a person commits false swearing by making a false sworn statement, believing it to be false.

The reason that false swearing may be a valuable plea is that false swearing should not be found to be a CMT because it does not involve materiality, or necessarily a fraudulent intent like that of Perjury. And that is the same reason that false swearing should never become an aggravated felony despite the sentence incurred.

When faced with perjury remember that you may have some options and it would be wise to consult with an experienced attorney.

If you are accused of perjury and you have immigration issues please do not hesitate to contact the Phoenix immigration lawyers at Ariano & Reppucci, PLLC who can both assist your criminal attorney and you minimize any immigration consequences from your criminal convictions. To set up an appointment call 602-515-0841.

A.R.S. 13-2002 lays out the general elements of forgery as “With intent to defraud, the person:1. Falsely makes, completes or alters a written instrument; or 2. Knowingly possesses a forged instrument; or 3. Offers or presents, whether accepted or not, a forged instrument or one that contains false information.

The first thing that is relatively straight forward is that the first words of the statute, “with intent to defraud” indicate clearly that if convicted under this statute it will be a crime of moral turpitude.

Forgery will become an aggravated felony if the sentence imposed is greater than one year.

Possession of forgery device, A.R.S. § 13-2003A is also a crime that has very important immigration ramifications.

A person commits criminal possession of a forgery device if the person either: Makes or possesses with knowledge of its character and with intent to commit fraud any plate, die, or other device…. specifically designed or adapted for use in forging written instruments, or 2. Makes or possesses any device, apparatus …. adaptable for use in forging written instruments with intent to use it or to aid or permit another to use it for purposes of forgery.

Like forgery, possession of forgery device is also a crime of moral turpitude. And it will become an aggravated felony if the sentence imposed is greater than one year

So what happens if I am facing either of the above crimes? It will be very difficult to plea to a lesser included offense so the best thing to do if that is not a possibility is to make sure that a sentence imposed is less than 365 days.

If you are convicted of forgery and you have immigration issues please do not hesitate to contact the Phoenix immigration lawyers at Ariano & Reppucci, PLLC who can both assist your criminal attorney and you minimize any immigration consequences from your criminal convictions. To set up an appointment call 602-515-0841.

In general and with few exceptions, conviction of attempt brings the same immigration consequences as conviction of the underlying offense. Attempt will be a CMT if the underlying crime is a CMT. However, there may be an advantage to pleading to attempt and that is that usually attempt has a lower sentence associated with it and because a single CMT conviction will not have immigration consequences if the sentence is sufficiently low. Therefore, it could prevent someone from being deported.

Remember that:

• A single CMT conviction causes deportability under the CMT ground only if the offense was committed within five years after admission and carries a potential sentence of a year or more. 8 USC 1227(a)(2)(A)(i). Thus a potential sentence of under a year prevents deportability for a single CMT.

• A single CMT conviction will not cause inadmissibility if it carries a potential sentence of a year or less, with an actual sentence imposed of six months or less. 8 USC 1182(a)(2)(A)(ii). Thus a potential sentence of a year or less can prevent inadmissibility for a single CMT.

Therefore, for some an attempt plea may help them avoid deportation. While it still has the potential to be a crime of moral turpitude the reduction of sentence may be a life saver for some.

If you are convicted of a crime and have a chance to plea to attempt and you have immigration issues please do not hesitate to contact the Phoenix immigration lawyers of Ariano & Reppucci, PLLC who can both assist your criminal attorney and you minimize any immigration consequences from your criminal convictions. To set up an appointment call 602-515-0841.

Driving or actual physical control while under the influence, ARS § 28-1381 does not constitute a Crime of Moral Turpitude (CMT).   Nor under current law, a simple DUI will not be considered an aggravated felony as a crime of violence, even if a sentence of 365 days or more is imposed, because it can be committed with a mere negligence mens rea.  However, some representatives are actively seeking to expand the definition of crime of violence at 18 USC § 16 to include negligent acts that pose a threat of risk to others.

If convicted of a simple DUI your criminal attorney should obtain a sentence of 364 days or less for any single count to help protect you against any future changes to the Immigration treatment of DUIs.

One thing that you should be aware of is that being a current alcoholic could render you inadmissible to the United States.  Alcoholism is classed as a mental disorder that poses a threat to self or others.  8 USC §1182(a)(1)(A)(ii).  Being a “habitual drunkard” is a bar to establishing good moral character, necessary for naturalization to U.S. citizenship, cancellation for non-permanent residents, VAWA and some other applications. 8 USC § 1101(f)(1).    Therefore, multiple DUIs, which in and of themselves could not render you deportable,  together they may give enough proof to render you an alcoholic.

If you are convicted of a DUI and you have immigration issues please do not hesitate to contact the immigration lawyers at Ariano & Reppucci, PLLC who can both assist your criminal attorney and you minimize any immigration consequences from your criminal convictions.  To set up an appointment call 602-515-0841.

ARS §13-1506 states,

A. A person commits burglary in the third degree by:

1. Entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential yard with the intent to commit any theft or any felony therein.

2. Making entry into any part of a motor vehicle by means of a manipulation key or master key, with the intent to commit any theft or felony in the motor vehicle.

B. Burglary in the third degree is a class 4 felony.

This is a divisible statute. The key when convicted is to avoid a record demonstrating that the intent was to commit a Crime of Moral Turpitude (CMT) after entry because unlawful entry or remaining are not CMTs.  Burglary becomes a CMT only if the intended offense involves moral turpitude.  Entry with intent to commit larceny is a CMT, while entry with intent to commit an undesignated offense (“a felony”) or an offense that does not involve moral turpitude is not. Matter of M, 2 I. & N. Dec. 721 (BIA 1946).

Your criminal attorney should create a record of conviction where the client is guilty only of “theft or any felony” or “a felony.” However, because Arizona theft statutes include subsections that do not require intent to permanently deprive the owner of benefits, and since traditionally an intent to permanently deprive is required for moral turpitude, even a plea of intent to commit an undesignated theft may avoid CMT. The disadvantage of “any theft” is that immigration judges are trained to think that any theft is a CMT, while they recognize that “any felony” may not be.

If you are convicted of Burglary and you have immigration issues please do not hesitate to contact Ariano & Reppucci, PLLC who can both assist your criminal attorney and minimize any immigration consequences from your criminal convictions.  To set up an appointment call 602-515-0841.

In Arizona, Shoplifting is a class 5 felony if the value was more than $2,000 or undertaken during a “continuing criminal episode”; is a class 6 felony if more than $250 property; and a class 1 misdemeanor if property is $250 or less except for a firearm.

Shoplifting is a CMT when it includes as an element intent to steal or deprive permanently.  Like most crimes with immigration quality and “intent” element will upgrade the offense to a CMT.  Therefore it is imperative for a criminal attorney to keep the conviction record vague.   If the record is kept vague your Immigration counsel at least can argue that there was no intent to deprive.  This will most certainly help mitigate any potential immigration consequences.

An example that I ran across recently helps explain this point: 

A person shopping without a cart or basket, might “knowingly” conceal an object in a pocket and then sincerely forget to bring it out and pay for it with other objects. This ought not to be held to a crime involving moral turpitude.

Therefore, criminal defense counsel should try either to identify subsection (B) in the record of conviction, or to leave the record of conviction vague enough to support the possibility that subsection (B) applied.

Note that a first moral turpitude offense that is a misdemeanor cannot cause deportability because it has a maximum sentence of only six months. A class 6 felony can, only if the offense was committed within five years of admission to the United States.

If you are convicted of Shoplifting and you have immigration issues please do not hesitate to contact Ariano & Reppucci, PLLC who can both assist your criminal attorney and you minimize any immigration consequences from your criminal convictions.  To set up an appointment call 602-515-0841.

1)   Be Prepared – Every officer handles the interview process differently and it is impossible to predict exactly how or what questions will be asked.

2)  Dress Appropriately.  This does not mean you have to dress as if you are going to a formal black tie ball, but this is your chance to make a good impression.  Also be wary of wearing a lot of jewelry or bringing lots of personal items with you, you will be going through metal detectors and have to remove any metal before entering the facility.

3)  This is a nerve racking experience so remember to stay calm.  This is your chance to show the interviewing officer that you are confident in the information you have provided and are a trustworthy candidate for citizenship.

4)  Bring originals and copies for any and all required documents, including those that may have been asked for specifically.

5)  Bring certified court dispositions of ALL encounters with law enforcement.

6)  Answer all questions confidently with a “yes” or “no” do not answer with “ya”, “uh-huh”, or “nah”.

7)  ONLY answer the question asked and answer them completely.  The officer will only ask you questions that he or she needs the answer to.  There is no need for you add information and most likely this will only get you into trouble.

  DO NOT make up answers.  If you do not understand the question ask for the officer to repeat it or clarify.  If you honestly do not know answers then reply honestly!!

9) DO NOT take anything personally.  It is the officer’s job to ask the questions that he or she feels necessary to approve your application so do not back talk, or question an officer’s motivation for asking a question.

10) Try not to read from the materials you brought with you.  You will give the officer more confidence in your answers if tell him without reference.  However, again, if you do not know the answer then do not make one up and use your materials for reference.

If you need any help with interview preparation or want a lawyer present, please contact the experienced immigration attorneys at Ariano & Reppucci, PLLC today.  To set up an appointment please call 602-515-0841.

 To obtain a visa, most nonimmigrants submit applications to a U.S. consulate and then undergo an in-person interview.  During the visa interview, the consular officer ensures that the information contained in the visa application is correct and questions the nonimmigrant to make certain that there are no grounds for inadmissibility.  Most consulate offices will prevent lawyers from attending the interviews.

 Before and possibly after the interview Consular officials will submit the personal information of visa applicants to several security watch lists.  One such database is the Consular Lookout and Support System (CLASS).  CLASS will check the applicant against FBI records and other law enforcement agencies as well as any records held by the consulate office or immigration records.  If a person lies on their application or is otherwise inadmissible to the United States they will not be granted a Visa.   That is why it is extremely important not lie or withhold information regarding your past on any immigration application.    The records search could also extend to records kept by the Terrorist Screening Center, the TIPOFF database, the National Automated Immigration Lookout System, the National Nonimmigrant Information System, and the Terrorist Threat Integration System. 

 If you have any questions on whether you would be eligible for a nonimmigrant visa, please contact the attorneys at Ariano & Reppucci, PLLC today.  To set up an appointment call 602-515-0841.

One class that can self-petition are certain immigrants who possesses extraordinary, immigrants who are eligible for a national interest waiver, or certain classes of investors.  These employment related immigrants are not that common but they do exist.  The persons of extraordinary ability and those eligible for the national interest waiver must demonstrate to the U.S. government that they possess certain characteristics and/or skills that are rare in the United States or that would benefit the United States in some way.  While certain classes of investors must be able to show that their investment will create U.S. jobs and that they possess the financial backing to keep the business going for a certain period of time.

The other classes of self-petitioning immigrants include special immigrants who apply for the diversity lottery program, widows or widowers of U.S. citizens, certain Amerasian children, and last and probably most important, battered spouses or children of U.S. citizens or permanent resident aliens.

So as you can see not many classes of immigrants are able to self-petition.  But, if you find yourself in a position to take advantage of self-petitioning the experienced immigration lawyers at Ariano & Reppucci, PLLC will be able to help you through the process.  If you need more information please call our office at 602-515-0841.