Us Immigration Attorney
Q: Didn't know that admission of guilt for a CMT has essentially the same impact as a conviction for that CMT in the context of an immigrant visa application? This is in or around 212(a)(2)(A)(i) This seems a pretty important basic thing for an immigration attorney to know? correct?. Is the law different for adjustment of status cases (rather than immigrant) ? Would you consider this a red flag, yellow flag or paranoia?
A: As side issue, there are places on many CIS forms that require someone to answer if they have committed any crime (with certain exceptions) for which they have not been arrested. Your post doesn't make it clear, but I don't suppose you are suggesting the attorney should have advised the person to lie about his guilt? Where I see this problem coming up most is criminal defense attorneys who strike a deal with the prosecution without taking the immigration consequences into account. It seems pretty common for criminal defense attorneys not to know squat about immigration