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Perjury and Immigration: Just Don’t Lie

August 22, 2011
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It’s almost Friday! That should put everyone is a great mood. I know it puts me in a great mood. But, I should lie, for me every day is a great day when I get to talk immigration law. Today’s topic is Perjury and False Swearing. A person commits perjury by making either: A false sworn statement in regard to a material issue, believing it to be false. 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
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Crimes, Crimes, and More Crimes: Forgery and Immigration

August 22, 2011
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Hope everyone is doing well out there in the blogosphere. Today, as we have done for the past week, we are going to continue on our journey of crimes and their immigration consequences. Today’s topic is forgery (A.R.S. 13-2002). 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...
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Crimes of Moral Turpitude and Immigration Matters

August 22, 2011
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While the heat in Phoenix is in full swing, at Ariano & Reppucci, PLLC we are not deterred and keep plugging along. Continuing in on our series of crimes and their immigration consequences (and here and here), I thought it would be wise to delve into not a type of crime and not a specific offense. Today’s topic will be all about “Attempt”. 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...
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