How Do Crimes of Moral Turpitude Affect Immigration Cases?

 Posted on January 20,2022 in Immigration

There are a variety of issues that can affect the immigration process. Some of the most serious of these issues involve criminal convictions. U.S. immigration laws state that convictions for “crimes involving moral turpitude” may cause a person to be inadmissible to the United States, or these crimes may be grounds for deportation. By understanding what types of crimes fall into this category and how convictions may play a role in the immigration process, immigrants and their family members can determine the best way to proceed as they work to resolve any issues that affect their ability to enter or remain in the U.S.

What Are Crimes Involving Moral Turpitude?

The U.S. Immigration and Nationality Act (INA) states that a person is inadmissible to the United States if they have been convicted of crimes involving moral turpitude (also known as CIMTs). While the INA does not list any specific crimes that fall into this category, these crimes may include any offenses that could be considered to be depraved or shocking by the general public. Courts have found that a number of different types of crimes may apply, including:

• Murder

• Sexual assault

• Kidnapping

• Aggravated assault

• Robbery

• Incest

• Domestic abuse

• Animal fighting

• Fraud or theft that affects multiple people or involves large amounts of money

Even if a person did not actually commit one of these offenses, they may still face penalties if they engaged in a conspiracy to commit a crime of moral turpitude or acted as an accessory to a person who committed one of these offenses.

How CIMTs May Affect Immigration Cases

For those who are living in the United States legally, a conviction for a crime of moral turpitude may result in deportation in certain cases. Generally, a person will be deportable if they committed a CIMT within five years after being legally admitted to the United States, as long as the offense had a maximum sentence of at least one year in prison. A person will also be deportable if they are convicted of two or more CIMTs at any time after they come to the U.S., as long as those crimes are not part of a “single scheme of criminal misconduct.”

For those who are looking to obtain a visa that will allow them to enter to the United States or who are applying for an adjustment of status, crimes of moral turpitude may cause them to be inadmissible. A conviction of a CIMT in another country or an admission to immigration officials that a person has committed a CIMT may prevent a person from receiving a visa or Green Card. However, exceptions may apply if a CIMT is considered to be a petty offense, meaning that it had a maximum sentence of one year in prison or less and the person was sentenced to six months or less, or if a person was a youthful offender, meaning that an offense was committed before the person was 18 years old and it occurred at least five years before the person applied for admission to the U.S. In some cases, waivers of inadmissibility may be available for those who have qualifying convictions.

Finally, crimes of moral turpitude may affect a person’s ability to become a U.S. citizen. During the naturalization process, a person will be required to show that they are of good moral character. CIMT convictions may be considered evidence that a person lacks moral character.

Contact Our Illinois Immigration Lawyers for Criminal Convictions

At Mevorah & Giglio Law Offices, we provide representation in immigration cases, and we also help clients defend against criminal charges. We can help immigrants determine the best ways to avoid criminal convictions that may affect their immigration status, and we can work to address issues related to inadmissibility during the immigration process or defend against deportation on criminal grounds. Contact our Illinois immigration attorneys at 630-932-9100 to arrange a complimentary consultation today.

Sources:

https://www.justice.gov/archives/jm/criminal-resource-manual-1934-appendix-d-grounds-judicial-deportation

https://www.ecfr.gov/current/title-8/chapter-I/subchapter-C/part-316/section-316.10

https://www.ilrc.org/sites/default/files/resources/all_those_rules_cimt_june_2021_final.pdf