1. What is a crime of moral turpitude?

A crime of moral turpitude is a type of criminal offense that reflects negatively on a person’s character and involves fraudulent, deceptive, or immoral behavior. Examples include fraud, theft, domestic violence, and certain types of sexual offenses. These crimes are considered to be more serious than other types of offenses because they indicate a willful disregard for social norms and demonstrate a lack of integrity or ethical principles. Conviction of a crime of moral turpitude can have serious consequences, including deportation for non-citizens and limitations on employment opportunities. The definition of what constitutes a crime of moral turpitude may vary depending on jurisdiction and context.

2. What are the immigration consequences for a crime of moral turpitude?

The consequences of a crime of moral turpitude can vary greatly depending on the specifics of the crime and the individual’s immigration status. Here are some possible consequences:

1. Denial of Entry or Deportation: A non-citizen with a criminal conviction for a crime of moral turpitude may be denied entry to the country if they are seeking to enter the United States, even if they have a valid visa or legal permanent resident status. They may also face deportation if they are already in the country.

2. Ineligibility for Immigration Benefits: Non-citizens convicted of a crime of moral turpitude may be deemed ineligible for certain immigration benefits such as asylum, adjustment of status, or naturalization.

3. Removal Proceedings: A non-citizen convicted of a crime of moral turpitude may be placed in removal proceedings, which could result in deportation from the United States.

4. Difficulty obtaining employment visas: Some employment visas require individuals to demonstrate good moral character, and a criminal conviction for a crime of moral turpitude could hinder their ability to obtain these types of visas.

5. Difficulties obtaining green card renewal: Any lawful permanent resident with a criminal record may face difficulties when it comes time to renew their green card.

It is important to note that not all crimes will be considered crimes of moral turpitude and the specific facts and circumstances surrounding each case will be taken into account by immigration officials.

3. What are some examples of crimes of moral turpitude?

Some examples of crimes of moral turpitude include fraud, embezzlement, theft, forgery, perjury, bribery, corruption, and certain types of tax evasion. Crimes involving violence or dishonesty are also often categorized as crimes of moral turpitude. Other examples may include sexual assault, child abuse, hate crimes, and drug trafficking. The definition of what constitutes a crime of moral turpitude may vary depending on the jurisdiction and specific circumstances of the offense.

4. How does a judge decide if a criminal offense is a crime of moral turpitude?

The determination of whether a criminal offense is a crime of moral turpitude is made by looking at the specific elements of the offense and comparing them to the legal definition of moral turpitude. In general, a crime involves moral turpitude if it involves dishonesty, fraud, or depravity. This can include offenses such as theft, fraud, forgery, and certain types of violence.

When making this determination, judges may also consider factors such as the severity of the offense, the person’s intent in committing the crime, and their prior criminal history. Additionally, some states have specific laws or guidelines that outline which offenses are considered crimes of moral turpitude.

Ultimately, it is up to the judge to make a subjective decision based on the facts of the case and legal precedent. If a judge determines that an offense does involve moral turpitude, it can have consequences such as deportation for non-citizens or restrictions on professional licenses.

5. What is a “sentence of one year or longer” for purposes of deportation related to crimes of moral turpitude?

No, for a crime of moral turpitude to qualify as an aggravated felony, it must have a specific sentence of one year or longer. This means that any probation, suspended sentence, or concurrent sentences that add up to one year or more would not qualify as a conviction for an aggravated felony. Additionally, the one-year sentence only applies to offenses committed within the United States jurisdiction and does not include convictions from other countries.

6. Does it matter if the sentence was suspended or probated?

Yes, it does matter whether the sentence was suspended or probated. A suspended sentence means that the person convicted does not have to serve their sentence immediately, but must follow certain conditions set by the court. If these conditions are not met, a suspended sentence can be revoked and the person may be required to serve their original sentence.

On the other hand, a probated sentence means that the person convicted is allowed to remain in their community under supervision instead of being incarcerated. Similar to a suspended sentence, if the conditions of probation are violated, the court may revoke probation and require the person to serve their original sentence.

In both cases, failure to comply with the conditions set by the court can result in harsher consequences and potentially serving time in jail or prison. Therefore, it is important for individuals sentenced with a suspended or probated sentence to strictly adhere to all conditions set by the court in order to avoid further penalties.

7. How are multiple convictions for crimes of moral turpitude treated for immigration purposes?

Multiple convictions for crimes of moral turpitude are considered a negative factor in immigration proceedings. They may result in denial of visa applications, cancellation of current visas, and deportation proceedings. Additionally, multiple convictions for crimes of moral turpitude can make it difficult to establish good moral character, which is required for certain immigration benefits such as naturalization. In some cases, an individual with multiple convictions for crimes of moral turpitude may be deemed inadmissible and barred from entering the United States permanently.

8. Are there any exceptions to deportation for crimes of moral turpitude?

Yes, there are certain exceptions to deportation for crimes of moral turpitude. These include:

1. The crime was committed when the individual was under the age of 18 and has since been rehabilitated.
2. The individual is a lawful permanent resident with at least 15 years of continuous residence in the US and has not been convicted of an aggravated felony.
3. The individual has been living in the US for at least 7 years without being deported and can demonstrate that their removal would result in exceptional and extremely unusual hardship to a US citizen spouse, parent or child.
4. The individual has served in the US armed forces for at least 5 years and has received an honorable discharge.
5. The crime is considered a petty offense (punishable by imprisonment for less than one year) and the individual received a sentence of no more than six months.

In addition, certain crimes may not be considered crimes of moral turpitude if they were committed during a period of time when the individual had lawful status in the US, if they were minor offenses, or if they were committed before April 24, 1996.

It’s important to note that each case is evaluated individually and there may be other potential exceptions or defenses available. It’s recommended to consult with an immigration lawyer for specific guidance on your situation.

9. Are there any waivers available to noncitizens who have been convicted of a crime of moral turpitude?

Yes, there are certain waivers available to noncitizens who have been convicted of a crime of moral turpitude. These waivers may be granted on a case-by-case basis and are not guaranteed. The most common waiver available is the “601 waiver,” which allows a noncitizen to apply for lawful permanent residency despite the criminal conviction. However, each case is unique and it is best to consult with an immigration lawyer for guidance on available waivers.

10. What is the definition of a petty offense exception to deportation related to a crime of moral turpitude?

A petty offense exception to deportation related to a crime of moral turpitude refers to a situation where an individual may be exempt from deportation based on certain criteria being met. This exception applies to individuals who have committed a minor criminal offense, which does not involve moral turpitude, and for which the maximum penalty possible is one year or less of imprisonment. Under this exception, the individual may be allowed to remain in the United States if they can demonstrate good moral character and have been living in the US continuously for at least 5 years before the arrest. Additionally, the individual must not have been convicted of any other crime that would make them ineligible for this exception.

11. What is the definition of a “single crime” involving moral turpitude for purposes of deportation?

A “single crime” involving moral turpitude for purposes of deportation is a criminal offense that involves an act or behavior that is inherently base, vile, or depraved, and contrary to societal standards of morality. It can include crimes such as fraud, theft, murder, or any other offense that reflects the individual’s lack of moral character. Generally, a single crime conviction may be considered a crime involving moral turpitude if it involves intent to harm someone or intentional dishonesty. However, each case is evaluated on its own circumstances and the specific elements of the crime in question.

12. Can the passage of time reduce the immigration consequences for a crime involving moral turpitude?

The passage of time can reduce the immigration consequences for a crime involving moral turpitude in some cases, but it ultimately depends on the specific circumstances of the crime and the individual’s immigration status. For example, in some cases, a person may be eligible for forgiveness or a waiver after a certain amount of time has passed since the crime was committed. Additionally, if an individual stays out of legal trouble and demonstrates good moral character over a period of time, this may also have a positive impact on their immigration case. However, each case is unique and it is important to consult with an immigration lawyer for personalized advice.

13. Can an immigration judge reopen a deportation case based on a conviction for a crime involving moral turpitude?

It is possible for an immigration judge to reopen a deportation case based on a conviction for a crime involving moral turpitude, but it will depend on the specific circumstances of the case. The factors that may be considered include the severity of the crime, the person’s criminal record and immigration history, and any evidence of rehabilitation or extenuating circumstances. Ultimately, it will be up to the discretion of the immigration judge to determine if reopening the case is warranted.

14. What types of proof does an immigrant need for an adjustment of status application when convicted of a crime involving moral turpitude?

Immigrants who have been convicted of a crime involving moral turpitude (CIMT) may face additional challenges when applying for an adjustment of status, which is the process of changing from non-immigrant to immigrant status.

In general, immigrants applying for an adjustment of status must provide evidence to support their application. This includes documentation such as a valid passport, evidence of legal entry into the United States, and proof that they are eligible for the requested immigration benefit.

For immigrants with a criminal record—including those who have been convicted of a CIMT—providing additional proof may be necessary to overcome the potential negative impact of their conviction on their application. This may include:

1. Proof of rehabilitation: One way to demonstrate that the applicant has reformed and is not likely to commit any further crimes is by showing proof of rehabilitation. This can include letters from employers, community service organizations, religious leaders or counselors, attesting to good moral character and positive changes in behavior since the conviction.

2. Evidence that the crime was not a CIMT: Sometimes, criminal convictions are mistakenly labeled as crimes involving moral turpitude. In this case, it may be necessary for the applicant to provide documents or testimony to show that the offense does not actually fall under this category.

3. Certified court records: USCIS typically requires certified copies of court records relating to any criminal offenses. These records should include information about the specific charges and sentencing.

4. Explanation and supporting documents: It may also be useful for applicants to provide a detailed explanation of their conviction along with any relevant supporting documents such as police reports, witness statements or attorney correspondence.

5. Character references: Letters from trusted friends, colleagues and community members can help demonstrate good character and refute any negative assumptions based on past mistakes.

6. Legal analysis: In some cases, it may be helpful for applicants to submit a legal brief explaining how their particular case does not meet the definition of a CIMT, according to U.S. immigration laws and court precedents.

Ultimately, the specific types of proof required will vary depending on the individual circumstances of each case. It is best to consult with an experienced immigration attorney for guidance on what types of proof may be most effective in your situation.

15. Are there any changes to the immigration laws related to crimes involving moral turpitude that might help some immigrants remain in the United States?

In December 2021, the U.S. Supreme Court ruled that certain noncitizens with criminal convictions may be eligible for relief from deportation under a provision of immigration law known as the “categorical approach.” This decision clarifies that only convictions that specifically match an offense listed in the Immigration and Nationality Act (INA) can be considered “crimes involving moral turpitude” and lead to deportation.

Additionally, in June 2020, the U.S. Supreme Court ruled that generic burglary offenses (defined as entering or remaining in a structure without permission with the intention to commit a crime) do not count as crimes involving moral turpitude for immigration purposes.

These decisions could potentially help some immigrants who have been convicted of certain crimes remain in the United States, as they limit what types of offenses can be considered “crimes of moral turpitude” under immigration law. However, each case is unique and it is important for individuals with criminal convictions to consult with an immigration attorney to fully understand their options.

16. Are there any defenses available to noncitizens facing removal/deportation based on conviction for crimes involving moral turpitude?

Some possible defenses that may be available to noncitizens facing removal/deportation based on conviction for crimes involving moral turpitude include:

1. Challenging the Classification of the Crime: Noncitizens may argue that the crime for which they were convicted does not actually qualify as a crime involving moral turpitude under immigration law.

2. Proving Ambiguity or Overbroadness: Noncitizens can argue that the definition of “moral turpitude” in their case is too vague or broad, and therefore it cannot be used to determine their eligibility for deportation.

3. Applying for a Waiver: In certain circumstances, noncitizens may be eligible for a waiver of deportability based on conviction for a crime involving moral turpitude.

4. Claiming Insufficient Evidence: If the evidence used to convict the noncitizen is insufficient, they may be able to challenge their conviction on that basis and avoid deportation.

5. Collateral Estoppel: If an individual has already been acquitted or had charges dismissed in criminal court, they may use this as a defense against removal on grounds of conviction under immigration law.

6. Political Offense Exception: Some noncitizens facing deportation may be eligible for relief if they can show that their conviction was politically motivated or related to a political offense committed outside the U.S.

It is important for noncitizens facing removal/deportation based on conviction for crimes involving moral turpitude to consult with an experienced immigration attorney who can analyze their specific situation and determine what defenses may be available to them.

17. Does the Board of Immigration Appeals consider any evidence in deciding whether or not an offense constitutes a crime involving moral turpitude?

Yes, the Board of Immigration Appeals (BIA) considers all relevant evidence in deciding whether an offense constitutes a crime involving moral turpitude (CIMT). This includes the nature and elements of the offense, the particular circumstances surrounding the offense, and any mitigating factors. The BIA may also consider legal analysis and precedent from previous cases. It will carefully review all evidence presented by both parties before making a determination on whether the offense meets the criteria for a CIMT.

18. How long does an immigrant have to stay outside the United States if they are deported due to a conviction for a crime involving moral turpitude?

The length of time an immigrant must stay outside the United States after deportation for a crime involving moral turpitude can vary depending on the specific circumstances of their case. It is generally recommended that they consult with an experienced immigration attorney for accurate and individualized advice.

Some factors that may impact the length of time include whether the conviction was for a single crime or multiple crimes, the severity of the crime(s), and any prior immigration violations or deportations.

In general, permanent residents who are deported for a single conviction of a crime involving moral turpitude may be subject to a 10-year bar from re-entering the US. If they have multiple convictions involving moral turpitude or certain other types of convictions, they may be permanently barred from re-entering.

It is important to note that even if an immigrant is allowed back into the US after serving their sentence and fulfilling any imposed deportability consequences, there is always a risk that their admission could be denied by immigration officials. This includes non-immigrant visa holders who have been deported for crimes involving moral turpitude.

Individuals facing deportation due to criminal convictions should seek timely legal advice regarding their options and potential consequences in order to protect their rights and interests.

19. Is it possible to have a conviction for a crime involving moral turpitude overturned through appeal or post-conviction motions?

Yes, it is possible to have a conviction for a crime involving moral turpitude (CIMT) overturned through appeal or post-conviction motions. Depending on the specific circumstances of the case, there may be a number of potential avenues for challenging a CIMT conviction.

One common way to challenge a CIMT conviction is through an appeal, which allows the defendant to argue that there were errors during the trial that violated their rights and led to an unfair conviction. For example, if new evidence comes to light that undermines the prosecution’s case or shows that the defendant was wrongly identified as the perpetrator, this could provide grounds for an appeal.

In addition, post-conviction motions such as habeas corpus petitions or motions for a new trial can also be used to challenge a CIMT conviction. These types of motions typically involve presenting new evidence or raising legal arguments that were not addressed during the original trial. If successful, these motions can result in overturning the conviction or getting a new trial.

It’s important to note that successfully appealing or challenging a CIMT conviction can be difficult and complex, and will depend on the specific circumstances of each case. It’s recommended to consult with an experienced criminal defense attorney who can help assess your options and guide you through the process.

20. What kind of assistance can an attorney provide when facing removal/deportation due to a conviction for a crime involving moral turpitude?

An attorney can provide various forms of assistance when facing removal/deportation due to a conviction for a crime involving moral turpitude, including:

1. Evaluating the case: The attorney will review the circumstances surrounding the conviction and determine whether it falls under the category of a crime involving moral turpitude. They will also assess other factors, such as the severity of the offense and any mitigating circumstances, to determine the potential consequences and defenses available.

2. Explaining legal options: Based on their evaluation, the attorney will explain the different legal options available to fight against removal or deportation. These may include filing an appeal, seeking post-conviction relief, or applying for a waiver or cancellation of removal.

3. Representing in court hearings: An attorney can represent their client in immigration court proceedings and make arguments on their behalf to fight against removal or deportation.

4. Gathering evidence: In order to build a strong defense, an attorney will gather evidence to support their client’s case. This may include obtaining police records, trial transcripts, witness statements, and any other relevant documents.

5. Appealing decisions: If necessary, an attorney can file appeals on behalf of their client if they were not successful at preventing their removal or deportation through initial proceedings.

6. Negotiating with prosecutors: In some cases, an experienced attorney may negotiate with prosecutors to reduce the charges or sentence in order to avoid immigration consequences.

7. Helping with visa or green card applications: If eligible, an attorney may assist in applying for a visa or green card that can help prevent removal or deportation.

8. Providing guidance on fulfilling probation requirements: An attorney can advise on how to fulfill any probation requirements that may affect immigration status in order to avoid further complications.

9. Keeping clients informed: Throughout the process, an attorney will keep their clients informed about the status of their case and any important updates or changes.

10. Providing emotional support: Facing removal or deportation can be an overwhelming and stressful experience. An attorney can provide emotional support and guidance to help their clients navigate the legal process with confidence.