What is a Crime of Moral Turpitude Under Immigration Law?

The most common fundamentals of moral turpitude crimes include crimes such as larceny, fraud, theft, DUI, murder, rape, spousal abuse, and intent to harm persons or things. Below is a list that includes, but is not limited to examples of crimes that fall under "crimes of moral turpitude".

I Was Convicted of a Crime; Will That Affect My Immigration Status?

If you committed a crime and were found guilty, you may be at risk of being deported or be placed into removal proceedings. If you are facing such risks due to a conviction or believe you may be at risk of adverse effects taken upon your immigration status because you are facing criminal charges, it is vital you speak to an immigration attorney that is also experienced in criminal matters. If you fall into this category, call our office to schedule a consultation with a Los Angeles immigration attorney.

What Types of Crimes Will Affect My Immigration Status?

Generally, a conviction that is considered or determined as "crimes of moral turpitude" or an "aggravated felony" may affect your immigration status.

Common Crimes That Will Affect Immigration Status

Some common fundamentals of moral turpitude crimes include crimes with the INTENT of harm. The following are some specific examples of "moral turpitude crimes"

• aggravated assault
• incest
• larceny
• murder
• voluntary manslaughter
• rape
• spousal abuse
• child abuse
• kidnapping
• robbery
• burglary
• theft
• fraud
• aggravated battery

Who Determines if a Conviction is Considered as a Crime of Moral Turpitude?

Immigration officials or judges determined if a crime is considered as a crime of moral turpitude. Generally, the facts, evidence, circumstances that surround the conviction, and the legal language described in penal code, law, or statute violation.

What is Considered a Crime of Moral Turpitude?

Immigration officials general consider the fact surrounding the persons' convictions. The Board of Immigration Appeals (BIA) define moral turpitude as a "nebulous concept," and one that "refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one's fellow man or society in general." It is important to keep in mind that if the facts that surround the specific crime clearly displays that you acted intentionally.

Video About Crimes of Moral Turpitude Involved With Immigration

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Is it Possible to Defend My Immigration Status After Committing a Crime?

Yes, it is possible to argue that your charges do not fall under the classifications of a crime of moral turpitude. While you or an immigration​ attorney can use this defense, it is important to note that using such defense will be dependent upon the language or wording used for the specific law, penal code, or statute you were charged with. Call our office at {meta.phoneFormatted} or contact us via email at [email protected] to schedule a consultation with a Glendale immigration attorney, near Los Angeles, CA.

Are There Exceptions To The H-1B Visa Cap?

Only certain number of H-1B petitions can be approved each year. There is an annual limit for new admissions in the H-1B category. An H-1B number must be available at the time of adjudicating a new petition, and USCIS will not approve an H-1B petition once the annual cap has been reached.

Annual H-1B Cap

Only 65,000 new H-1B petitions can be approved each fiscal year. However, it should be noted that this number is reduced under the US-Singapore and US-Chile Free Trade Agreements. Under these agreements, 6,800 H-1B numbers shall be available for citizens of Chile and Singapore each fiscal year. Hence, the actual annual cap is not 65,000 but 58,200. If any part of the number set aside for Chile and Singapore is not used during a fiscal year that number is added to the general annual cap for the next fiscal year. It is also worthy to mention that only initial H-1B petitions are subject to the annual cap. Petitions for sequential employment, concurrent employment, extensions of stay, and amended petitions are not counted against the gap.

US Advanced Degree Exemption

There is an exemption from H-1B annual cap for 20,000 foreign employees with advanced degrees from US universities. To fall under this exemption, the foreign employee must have a master's or higher degree from a US university. A master's degree is a degree for which a bachelor's degree in any field is required. The place of the specific degree in the academic hierarchy of degrees should be considered in order to determine whether it qualifies as a master's or higher degree or not. If the petition qualifies for another exemption, in addition to the advanced degree exemption, officers shall apply the exemption that does not include numerical limitations before applying the advanced degree exemption. During the recent years the annual H-1B cap is usually reached within a few days after the start of the filing season. USCIS decides which H-1B petitions will be approved by conducting a lottery. The petitions received within 5 business days after the start of the filing season can participate in the lottery. USCIS first conducts lottery for petitions subject to the advanced degree exemption. After that USCIS conducts lottery for petitions subject to the regular cap. Petitions not selected during the first lottery participate in the second lottery as well.

Exemption for Educational Institutions and Research Organizations

In addition to the US advanced degree exemption, there is also an exemption for employees of certain organizations. Particularly, petitions filed by institutions of higher education, affiliated or related nonprofit entities, nonprofit research organizations, or government research organizations are exempt from the annual cap. Third party petitioners can also claim this exemption if the H-1B employee will perform job duties at the qualifying organization and directly and predominantly further the essential purposes of the qualifying institution. As it can be seen, the annual number of available H-1B visas is very limited, and there are just a few exemptions from the general cap. During the recent years the annual cap was reached within a few days after the start of the filing season. Hence, employers, willing to hire foreign workers, must have their H-1B petitions ready by the beginning of the filing season in order to get a chance to participate in the H-1B lottery. An immigration attorney can provide you with additional information regarding such matters.

Consultation with an Los Angeles Immigration Attorney

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What Happens After You Are Arrested in California?

Your Rights Prior, During, and After an Arrest

Even if you are being prosecuted as a criminal, every citizen of the United States has their natural born rights. Upon arrest your Miranda rights must be read to you. If the police fail to recite your Miranda rights to you upon arrest, than they cannot use any information that they have gathered from the arrest in court.

What Are Miranda Rights?

• You have the right to remain silent;
• Anything you say can be sued against you in a court of law;
• You have the right to consult with a lawyer and have that lawyer present during your interrogation;
• If you cannot afford a lawyer, one will be appointed to represent you;
• You can invoke your right to be silent before or during an interrogation, and if you do so, the interrogation must stop;
• You can invoke your right to have an attorney present, and until your attorney is present, the interrogation must stop

What Happens After You Get Arrested? What Are the Procedures?

• Arraignment
• Preliminary Hearing
• 2nd Arraignment (Superior Court)
• Pretrial Hearing & Motions
• Jury trial

What Happens During the Arraignment?

• Charges against the defendant are read before a judge

What Happens During the Preliminary Hearing?

• Prosecutor presents evidence to a judge in an attempt to show that suspicion of a crime exists
• If the judge is convinced that a suspicion exists, the defendant is ‘held to answer" and the prosecution proceeds to the trial court level.

What Happens During the 2nd Arraignment (Superior Court)?

• Fourteen days after the defendant is ‘held to answer,' he is arraigned in the trial level court of the Superior court

What Happens During the Pretrial Hearing & Motions

• A motion is a request asking a judge to issue a ruling order on a legal matter.
• The pretrial is an attempt to resolve outstanding issues or trying to settle a case before it goes to jury trial.

What Happens During the Jury Trial?

• Both the prosecution and the defense call their witnesses and present evidence in front of a judge and jury. The jury will analyze the evidence and come to a verdict. The judge will interpret the verdict into a proper sentencing

What Is the Deadline to File Notice of Appeal for Misdemeanor Charge?

• The deadline to file a Notice of Appeal for a misdemeanor appeal is 30 days from the judgment or order that you are appealing.

What Is the Deadline to File a Notice Regarding Record of Oral Proceedings?

• within 20 days of filing your notice of Appeals
• or within 10 days after the Court decides whether to appoint a criminal defense attorney for you

Business and Professions Code 14205

• It consists of or comprises immoral, deceptive, or scandalous matter.
• It contains material that may belittle or falsely suggest a connection with persons living or dead, institutions, beliefs, or national symbols
• It contains the flag or coat of arms or other insignia of the United States of America, of any state or city, or of any foreign nation.
• It compromises the name, signature, or a portrait identifying a particular living individual, except by the individual's written consent.

BP 1407 Application Requirements

The following information under BP 1407 is the general information that is required in the application prescribed by the Secretary of State:

• The name and business address of the person applying for the registration
• The goods or services connection with which the mark is used, the manner in which the mark is used, and the class in which the good or services fall under
• The date the mark was first used anywhere and the date it was used in this state by the applicant.
• A statement that proves the applicant is the owner of the mark and verification that no one else has registered that mark in this state.

Application Review

BP 14209 contains information regarding the examination of the application by the Secretary of State. During the examination, the secretary may ask any additional questions in order to solidify the legitimacy of the trade/service mark application. The secretary has the power to require the applicant to submit a new application if significant changes need to be made. If the secretary refuses registration of the mark, the applicant can a pursue write of mandus (court order to correct to government officials, demanding them to correct their mistake). A writ of mandus can only be granted if the information on the application is true and the mark originally belongs to the applicant. Give us a call, our attorneys speak English, Spanish, Armenian, Russian, Ukrainian, French, and Italian.

What Is Withholding of Removal & Who Is Eligible to Apply?

Who Can Apply for Withholding of Removal?

An alien applying for asylum can also apply for withholding of removal at the same time. Withholding of removal is an alternative to the asylum for a foreigner who fears to return to his home country. However, it should be noted that the grant of the withholding of removal does not result in the same benefits arising from the grant of asylum.

What Is the Immigration and Nationality Act?

Withholding of removal is a remedy available to an alien who cannot go back to his home country because of a threat to his life or freedom. Under the Immigration and Nationality Act, an alien cannot be removed to a country if the alien's life or freedom would be threatened in that country because of the alien's race, religion, nationality, membership in a particular social group, or political opinion. INA § 214(b)(3)(A).

Who Is Eligible for Withholding of Removal?

An alien is eligible for withholding of removal if he is able to establish that his life or freedom would be threatened because of one of the statutory grounds if he is removed to his home country. The alien will meet his burden of proof if he is able to show that it is more likely than not that his life or freedom would be threatened if he is removed to his home country. The "more likely than not" standard for withholding of removal is more difficult to meet than the standard for showing fear of persecution for asylum applicants.

What Is the Standard for Granting Withholding of Removal?

However, if the grant of asylum is always discretionary, the immigration judge must grant withholding of removal if the applicant meets the "more likely than not" standard. The credible testimony of the applicant may be sufficient to meet his burden of proof. If the applicant is able to show past persecution in his home country there will be a presumption that the applicant's life or freedom will be threatened if the applicant is removed to that country.

The Application for Withholding of Removal

The application for asylum also constitutes an application for withholding of removal, and the alien does not have to submit a separate application for that purpose. However, it should be noted that in contrast to asylum, the withholding of removal may be granted only by the immigration judge. Furthermore, the withholding of removal may be granted even though the alien has filed the application one year after his arrival to the United States. Withholding of removal is not available to an alien if:

• The alien ordered, incited, assisted, or otherwise participated in the prosecution of an individual because of the individual's race, religion, nationality, membership in a particular social group, or political opinion;
• The alien, having been convicted by a final judgment of a particularly serious crime, is a danger to the community of the United States;
• There are serious reasons to believe that the alien committed a serious nonpolitical crime outside the United States before the alien arrived in the United States; or
• There are reasonable grounds to believe that the alien is a danger to the security of the United States. INA § 241(b)(3)(B)
• It should be noted that although the alien who was granted withholding of removal can stay and work in the United States he does not have all the benefits that arise from the grant of asylum. Particularly, withholding of removal does not result in permanent resident status, does not provide derivative benefits for the spouse or children, and the alien cannot leave the United States. Basically, the grant of withholding of removal allows the alien to stay and work in the United States without additional immigration benefits.

To sum up, withholding of removal is an option for aliens fearing to return to their home country if the alien is not eligible for asylum. Although the grant of withholding of removal does not result in permanent resident status an alien can legally stay and work in the United States without the fear of being removed to his home country. Give us a call, our attorneys at KAASS Law speak various languages including English, Spanish, Armenian, Russian, Ukrainian, French, and Italian.

Bedsores Caused by Nursing Home Negligence

Often times, bedsores are caused by nursing home negligence which causes injuries to the skin caused by prolonged pressure.

What is a bedsore?

Bedsores, also known as pressure sores, are injuries to the skin caused by prolonged pressure. Bedsores are more prone to occur in locations on the body that have direct contact to the bone (i.e: the head, back, ankles, and hips). Bedsores have four different stages, increasing in severity throughout each stage and eventually resulting in damage of the bones itself. If not treated, bedsores can cause sepsis, bone/joint infection, and, ultimately, death. Patients are at risk of developing pressure sores if they have trouble moving and are unable to change position while seated or in bed. Immobility may be due to:

• Generally poor health or weakness
• Paralysis
• Injury or illness that requires bed rest or wheelchair use
• Recovery after surgery
• Sedation
• Coma

What Causes Bedsores?

The primary cause of bedsores may be caused due to the negligent care of nursing home. Nurses and staff members are strictly trained to care for the patient. It is necessary for nursing home staff to follow procedures intended to limit the risk of developing bedsore, as well as treating those who already have bedsores.

How to Avoid Bedsores?

The customary method used to avoid bedsores is re-positioning, which aid to alleviate constant pressure in common high-pressure areas of the body. Nursing home staff has the duty to help patients reposition themselves every hour. For those patients that are restricted to a hospital bed should be re-positioned by staff at least every two hours.

What Legal Actions are there Available for Bedsore Victims?

If your loved one that is in a nursing home has bedsores, you may be eligible to file a negligence lawsuit on the nursing home. Documentation that proves the patient acquired the bedsores as a result of negligence of the nursing home is important. Filing a lawsuit is a productive way to handle negligence in a nursing home and it can ensure later care for the other patients. For it is crucial that the patients are taken care of properly. Give us a call, our attorneys speak English, Spanish, Armenian, Russian, Ukrainian, French, and Italian.

Location & Directions

Location: 815 E Colorado St #220, Glendale, CA 91205 Telephone: {meta.phoneFormatted} Email: [email protected]

Under Penal Code 17(b) PC, felony reductions to misdemeanors are available defendants

• are convicted of "wobbler" crimes as felonies, and
• are sentenced to and complete felony probation for the offense.

In California, it is required that both of these elements be satisfied in order to reduce your felony conviction to a misdemeanor. If you were convicted of an offense that is considered a "wobbler" offense but served time in state prison, you are ineligible for relief under Penal Code 17(b).

What is Penal Code § 17?

(a)A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions. (b)When a crime is punishable, in the discretion of the court, by imprisonment in the state prison or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances: (1)After a judgment imposing a punishment other than imprisonment in the state prison. (2)When the court, upon committing the defendant to the Youth Authority, designates the offense to be a misdemeanor. (3)When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor. (4)When the prosecuting attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is a misdemeanor, unless the defendant at the time of his or her arraignment or plea objects to the offense being made a misdemeanor, in which event the complaint shall be amended to charge the felony and the case shall proceed on the felony complaint. (5)When, at or before the preliminary examination or prior to filing an order pursuant to Section 872, the magistrate determines that the offense is a misdemeanor, in which event the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint. (c)When a defendant is committed to the Youth Authority for a crime punishable, in the discretion of the court, by imprisonment in the state prison or by fine or imprisonment in the county jail, the offense shall, upon the discharge of the defendant from the Youth Authority, thereafter be deemed a misdemeanor for all purposes. (d)A violation of any code section listed in Section 19.8 is an infraction subject to the procedures described in Sections 19.6 and 19.7 when: (1)The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time he or she is arraigned, after being informed of his or her rights, elects to have the case proceed as a misdemeanor, or; (2)The court, with the consent of the defendant, determines that the offense is an infraction in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint. (e)Nothing in this section authorizes a judge to relieve a defendant of the duty to register as a sex offender pursuant to Section 290 if the defendant is charged with an offense for which registration as a sex offender is required pursuant to Section 290, and for which the trier of fact has found the defendant guilty.

Examples of Wobble Offenses

• Penal Code 422 PC California's criminal threats
• Penal Code 273.5 PC California's spousal battery
• Penal Code 459 PC California's burglary
• Penal Code 243.4 PC sexual battery
• Penal Code 245(a)(1) PC California's assault with a deadly weapon
• Penal Code 32 Accessory after the fact to a felony
• Penal Code 148.10 Resisting officer and causing death or serious bodily injury
• Penal Code 182(a)(1) Criminal conspiracy to commit felony
• Penal Code 186.22(a) Participation in criminal street gang activity
• Penal Code 182(a)(4) Conspiracy to cheat or defraud
• Penal Code 192(c)(3) Vehicular manslaughter, w/drugs or alcohol, but w/o gross neg
• Penal Code 192(c)(1) Vehicular manslaughter, w/o drugs or alcohol, but w/gross neg
• Penal Code 549 Soliciting fraudulent insurance claims
• Penal Code 487(1) Grand theft

What Are Your Chances That Court Will Reduce the Felony to a Misdemeanor?

The chance vary from case to case, generally the court considered a variety of factors when deciding whether to grant a PC 17(b) felony reduction motion. For instance

• Facts surrounding the case;
• The Nature of the offense;
• Defendant's criminal history;
• Any violations during probation terms
• Personal history

Speak to a experienced Glendale criminal defense attorney and find out how you can reduce a felony to a misdemeanor under Penal Code 17(b) PC. Our criminal defense attorney provides consultations. Our attorneys speak English, Spanish, Armenian, Russian, Ukrainian, French, and Italian.

California voters approved the legalization of the recreational use of marijuana under Proposition 64. Accordingly, Proposition 64 would allow anyone 21 and older to possess, transport, buy and use up to 1 ounce of marijuana for recreational purposes. Further, this will also allow anyone 21 and older to grow up to six cannabis plants.

Would Federal Authorities Have Jurisdiction to Enforce Marijuana Laws Against Dispensaries?

Theoretically, federal authorities would be able to enforce marijuana laws because the recreational use of marijuana is illegal under federal law. However, federal officials have noted that they do not plan to enforce many marijuana laws that have legalized the recreational use of marijuana.

What Are the Restrictions under Proposition 64?

• Adults 21 and older to use marijuana
• May possess up to 28.5 grams of marijuana
• May grow up to six plants in their private home locked and not visible to the public.

Get in Touch with an Attorney

Are you in need of legal advice or services from an attorney? KAASS Law is always standing by and ready to help.

What Occupations Are Covered Under H-1B Petition For Foreign Employee?

Prior to preparing the H-1B petition for a foreign employee, US employers shall determine whether the specific occupation falls under the H-1B category or not. Currently, the H-1B category covers only foreign employees who come to US to perform services in a specialty occupation or are models of distinguished merit and ability.

Specialty Occupation

A specialty occupation is an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty as a minimum for entry into the occupation. To qualify as a specialty occupation, the position must meet one of the following criteria: (1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; (2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree; (3) The employer normally requires a degree or its equivalent for the position; or (4) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree. INA § 214.2(h)(4)(iii)(A). Some occupations clearly fall under the specialty occupation for H-1B purposes, and employers do not have to do much to show that the offered position is in a specialty occupation. The list of these occupations includes, but is not limited to, lawyers, accountants, engineers, architects, psychologists, scientists, and financial analysts. For these occupations, employers do not need to submit extensive evidence to show that the position is in a specialty occupation. For other occupations, which do not clearly fall under the specialty occupation category, employers will have to demonstrate that the position is in a specialty occupation. Employers can demonstrate that the position is in a specialty occupation by showing that it meets one of the criteria specified in the Immigration and Nationality Act. The adjudicators at USCIS rely on the Department of Labor's Occupational Outlook Handbook to determine whether the position is in a specialty occupation or not. This handbook specifies the duties and requirements for different positions, including the requirements for entry into the specific occupation. The Handbook can serve as a comprehensive guide for employers to determine whether the specific position will qualify as a specialty occupation or not. Employers shall keep in mind that the H-1B category does not cover all the occupations, but only specialty occupations. Hence, employers shall determine whether the specific position is in a specialty occupation, and only after that shall start working on the H-1B petition. If the position is not in a specialty occupation the H-1B petition will not be successful, and employers should think about alternatives.

H-1B Immigration Lawyer in Glendale

Do you need more specific information? A Glendale immigration lawyer at KAASS Law can provide you with any sort of legal assistance you may need. Give us a call, our attorneys speak English, Spanish, Armenian, Russian, Ukrainian, French, and Italian.

Defenses For Robbery Penal Code 211 PC Charges

Robbery charges under Penal Code 211 PC or any other theft charges such as, California grand theft or petty theft PC 484 and 488 charges is considered as a serious felony-level offense. Under Penal Code 211 PC robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.

In Order to Be Found Guilty of Robbery Under Penal Code 211 the Court Must Prove:

• Defendant took property that belonged to another
• The property was taken from another person's possession and immediate presence.
• The property was taken against that person's will.
• The defendant used force or fear to take the property or in effort to prevent the victim from resisting.
• When the defendant used force or fear to take the property, defendant intended to take the property away permanently or for such an extended period of time that the owner would be deprived of the value or enjoyment of the property.

What If Stolen Property Was Returned Shortly AfterRobbery Was Committed?

Unfortunately, even if a defendant decided to immediately return the stolen property, they may be charged with robbery.

What Defenses Can I Use If I am Facing Robbery Charges Under Penal Code 211?

As mentioned above, robbery is a serious crime and, if you're facing robbery charges you must raise the best defense possible. A Los Angeles criminal defense attorney can develop a defense that can potentially either drop or mitigate the charges. For instance, a A criminal defense attorney paints a picture that creates reasonable doubt about whether the defendant had the intent to commit the crime. Some typical robbery defenses include:

• Defendant obtained property under a claim of right. Defendant did not have the intent required for the crime.
  • If defendant believed in good faith that he or she had a right to that specific property or specific amount of money, and thus, openly took it.
• NOTE: Claim-of-right defense does not apply if defendant tried to conceal the taking of the property at the time it occurred or after the taking was discovered
• The defendant acted under duress
• Defendant did not have intent or mental state required to commit the crime
• Defendant reasonably did not know a fact or reasonably and mistakenly believed a fact
• Defendant was intoxicated at the time the crime was committed
• Defendant was involuntary intoxicated at the time the crime was committed
• Defendant was mentally impaired at the time the crime was committed
• Defendant was under the influences of drugs or prescription drugs at the time crime was committed

Speak to a California Robbery Defense Lawyer

If you are facing robbery charges under Penal Code 211 PC or any other theft charges it is imperative to your criminal case that you speak with an experienced Los Angeles criminal defense attorney immediately. Our criminal defense attorneys can help mitigate your robbery or other theft charges. Call us today and schedule an consultation. We will evaluate your case, determine what defenses may apply to you, and develop a strategic defense for your criminal case. Call now and speak with one of our criminal defense attorneys at {meta.phoneFormatted}. We are available 24-hours a day.