Quick Reference Chart for Determining Immigration Consequences ...

APPENDIX A: QUICK REFERENCE CHART FOR DETERMINING IMMIGRATION CONSEQUENCES OF COMMON NEW YORK OFFENSES
Offense
NYPL
Section
Aggravated
Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds?:
Controlled Substance (CSO)
Crime Against Child (CAC)
Dom. Violence (CODV) etc.
Firearm Offense (FO)
Prostitution
Commercialized Vice
FO if record of conviction
shows that the crime
committed is menacing as
defined under subsection (1)
of PL 120.14 and that the
offense involved a firearm. If
the victim was a current or
former spouse or similarly
situated individual, might also
be CODV. Might also trigger
deportability under CODV
clause regarding “crime of
stalking.” If the victim was a
child, conviction might be
CAC.
Comments, Strategies & Tips
These are by no means an exhaustive list of strategies and tips
advocates may pursue. For additional defense lawyer strategies,
see Chapter 5. For additional immigration lawyer strategies, see
Appendix K.
Tip for defense lawyers:
1. To avoid AF, avoid sentence of one year or more
(get 364 days or less) if possible.
2. To minimize CODV or CAC risks, keep age/
relationship of victim out of record of conviction.
Menacing, 1st
degree
Class E felony
120.13 If term of
imprisonment
imposed is one
year or more
and record of
conviction
(ROC) shows
crime comes
under
subsection (1)
of PL 120.14,
probably is
“crime of
violence” AF. If
ROC shows
crime comes
under
subsection (2)
of PL 120.14,
might be “crime
of violence” AF.
If term of
imprisonment
imposed is one
year or more,
might be “crime
of violence” AF
even if crime
comes under
subsection (3)
of PL 120.14 in
some
jurisdictions
outside 2 nd
Circuit.
Probably.
NYSDA IMMIGRANT DEFENSE PROJECT, December 2006 A-7