Many people facing immigration or criminal law often ask about crimes of moral turpitude. This is a vague phrase. Moral turpitude isn’t always clearly defined in the statutes. However, it plays a huge role in immigration and legal consequences in the United States.
Crimes involving moral turpitude (CIMT) are offenses that violate society’s sense of justice, morality, and honesty. Learn more about it here.
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A CIMT is a criminal offense considered contrary to the accepted and customary rule of good morals within the community. It’s the concept of whether a person’s conduct disregards the private and social duties that a person owes to society.
Under the Immigration and Nationality Act (INA), a person is inadmissible to the U.S. visa if they were convicted of a CIMT or make a legally valid admission to a government official that satisfies CIMT elements.
However, these are the two separate exceptions for admissibility:
1. Petty offense exception (INA §212(a)(2)(A)(ii)(II))
• Consists of one CIMT.
• Has a maximum possible sentence of less than a year.
• Less than six months of actual sentence.
2. Juvenile exception (INA §212(a)(2)(A)(ii)(I))
• The crime is committed under the age of 18.
• More than five years before the application for admission.
• It applies even if the sentence was longer.
Courts describe moral turpitude crimes as those involving:
• Depravity: Actions that show a vile or morally corrupt disregard for societal standards.
• Fraud: False statements, misrepresentation for personal gain, and intentional deception.
• Unethical behavior: Actions that violate the principles of fairness and honesty.
• Malicious intent: The deliberate intent to hurt another person or act with ill will.
• Guilty knowledge: Awareness that the act was unlawful at the time it was done.
Crimes that are often found to involve moral turpitude, depending on the statute, include robbery, murder, rape, embezzlement, perjury, and forgery.
However, not every crime is qualified. Courts typically look at the intent behind the act. If the offense rises to the levels mentioned above, a single act can become a CIMT. And it can still affect a case, especially if there’s a prior conviction on the criminal record.
Although there’s no federal definition or clear statutory definition, years of case law provide courts with rules on whether an offense qualifies.
A moral turpitude conviction may affect:
• An immigration status of a non-citizen.
• Eligibility for benefits.
• Employment and professional reputation.
• Whether someone shows good moral character.
This applies across various states, although every state statute may define crimes differently.
Some offenses can be misunderstood. Here are some of them:
• Driving under the influence (DUI) convictions and offenses aren’t automatically CIMTs.
• A controlled substance violation can trigger immigration issues, but it doesn’t always involve moral turpitude.
• The petty offense exception can apply in limited situations.
Key factors in a CIMT include the nature of the criminal act, whether there was malicious intent, and the sentence imposed by the court.
The courts usually focus on the definition under the state statute, whether the act itself involves depravity, and how prior case law has ruled in cases like that. It doesn’t retry the facts, but it looks at the legal elements of such an offense.
CIMTs can also trigger deportation. Non-citizens may be deportable if they’re convicted of a CIMT with these distinctions:
• Deportable for one CIMT: This includes a conviction within five years of admission, and the crime has a potential sentence of a year or more.
• Deportable for two CIMTs: This can happen at any time after admission, and it’s not arising from a single scheme.
The term “admission” now has a specific and complex meaning under the INA. It often becomes an issue in travel, adjustment of status, and criminal immigration cases. A few examples would be someone reentering the U.S., adjusting status, or originally entering the country without inspection.
Immigration lawyers are important in cases involving CIMTs, where small legal details can lead to serious consequences.
They can:
• Analyze the conviction to see if the offense legally qualifies as a CIMT.
• Review the state statute and relevant case law to assess immigration risks.
• Identify possible exceptions.
• Advise on how a single criminal record can affect visa applications, deportation, or green card applications.
• Coordinate with criminal defense counsel to lessen immigration consequences.
CIMT determinations are complex and fact-specific, so legal advice makes a huge difference.
Moral turpitude is based on interpretation and not clear rules, which is why outcomes vastly differ per case. The same criminal offense may be treated differently depending on the court, country, and prior rulings.
If you’ve been convicted, charged, or are unsure how a moral turpitude conviction can affect your future, you should speak to an immigration lawyer from Hacking Immigration Law, LLC. We can help you navigate this case to protect your rights, records, and future. Contact us today!
