A crime involving moral turpitude (CIMT) is one that involves fraud, dishonesty, or conduct considered morally wrong or depraved under community standards.
In U.S. immigration law, committing a CIMT can make a person inadmissible, deportable, or ineligible for certain immigration benefits under the Immigration and Nationality Act (INA).
What Does Moral Turpitude Mean in Immigration Law?
The Immigration and Nationality Act (INA) does not provide a single, simple definition of moral turpitude. Instead, courts and immigration authorities, specifically in Matter of Tejwani 24 I&N Dec. 97 (BIA 2007), define it as conduct that is:
- Inherently base, vile, or depraved, and
- Contrary to accepted moral standards, and
- Involving intent to harm, deceive, or defraud
The focus is usually on the intent behind the crime, not just the act itself.
Immigration officers apply a legal framework developed through case law when deciding whether a specific offense qualifies as a CIMT.
Significance of Crimes Involving Moral Turpitude
Under U.S. immigration law, a conviction for a CIMT can lead to:
- Inadmissibility, that is, a bar from entering the U.S.
- Removal, also known as deportation, if committed after admission
- Denial of adjustment of status
- Problems establishing good moral character for naturalization
However, not every CIMT automatically leads to removal. Exceptions may apply depending on the type of offense and sentence.
Examples of Crimes Involving Moral Turpitude
Crimes often considered CIMTs include:
- Fraud or identity theft
- Theft offenses involving intent to permanently deprive
- Embezzlement
- Bribery
- Certain assault offenses involving intent to cause serious harm
- Domestic violence
The crimes involving dishonesty or deliberate harm are more likely to count as CIMTs.
Crimes That Don’t Usually Count as Moral Turpitude
Offenses that typically do not involve moral turpitude include:
- Simple traffic violations
- Minor regulatory offenses
- Simple assault without intent to cause serious injury
- Certain negligence-based crimes
Crimes lacking intent to deceive or seriously harm are less likely to be classified as CIMTs.
How Immigration Authorities Determine a CIMT
Immigration courts use what is known as the categorical approach, which means they:
- Examine the legal elements of the offense
- Do not focus on personal facts of the case
- Compare the statute to established definitions of moral turpitude
If the statute includes conduct that is not morally turpitudinous, it may not qualify as a CIMT.
This legal analysis is technical and fact-specific.
Exceptions and Waivers
Certain exceptions may apply, including:
- Petty offense exception, if the maximum possible sentence is one year or less and the actual sentence is six months or less.
- Youthful offender exception
- Waivers under INA §212(h) for some applicants
Whether a waiver is available depends on immigration status and case details.
Key Takeaways
- A CIMT usually involves fraud, dishonesty, or intentional serious harm
- It can affect admissibility, deportability, and naturalization
- Not all crimes qualify
- Legal analysis focuses on the statutory elements, not just the conduct
- Exceptions and waivers may apply
Frequently Asked Questions
1. Does one CIMT automatically mean deportation?
Not always. Immigration consequences depend on timing, number of offenses, and available exceptions.
2. Are all theft crimes CIMTs?
Most theft offenses involving intent to permanently deprive are considered CIMTs.
3. Is DUI a crime involving moral turpitude?
Ordinary DUI without aggravating factors is generally not considered a CIMT.
4. What should I do if I have a conviction?
Consult an immigration attorney. Get access to 100+ licensed immigration attorneys on ImmigrationQuestion.com. CIMT analysis is technical and depends on the statute and sentence.
