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
establishes firearm or
destructive device (as defined
in 18 USC 921(a)).
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 “crime of violence” AF, avoid sentence of
one year or more (get 364 days or less) if possible.
2. To avoid FO, consider alternative offenses that do
not require as an element the use or possession of a
firearm.
3. To avoid CIMT, keep out of record of conviction
reference to subsection (1) (when referencing CPW, 4th
degree, subsection (2)).
Criminal
possession of a
weapon, 3rd
degree
Class D felony
265.02 If term of
imprisonment
imposed is one
year or more,
might be “crime
of violence” AF.
If record of
conviction
establishes an
offense akin to
one described
in 18 U.S.C.
922(g) (1), (2),
(3), (4), or (5),
(j), (n), (o), (p),
or (r), 18 U.S.C.
924 (b) or (h),
or 26 U.S.C.
5861, might
also be “firearm
offense” AF.
Probably if
convicted under
subsection (1)
(when
referencing
CPW, 4th
degree,
subsection (2)).
A-90 NYSDA IMMIGRANT DEFENSE PROJECT, December 2006