Crime involving moral turpitude is a term that’s often heard in immigration cases. This term describes offenses that violate accepted standards of honesty and morality. These aren’t just crimes. Instead, they’re viewed as a reflection on the person’s character.
Some examples of crimes involving moral turpitude include assault with intent to harm, theft, fraud and certain sex-related offenses. The issue is that the definition of what constitutes moral turpitude isn’t clearly written into law, so there’s room for interpretation.
Intersection of criminal and immigration law
For immigrants who are facing charges, as well as those who are convicted, there are several immigration consequences that are possible. These may include:
- Inadmissibility to the U.S. that leads to a denial of visa, green card or reentry
- Ineligibility for naturalization
- Deportability, even for lawful permanent residents
- Mandatory detention while removal proceedings are pending
Even one conviction for a crime involving moral turpitude within five years of admission into the U.S. can be used as grounds for removal, particularly if the sentence includes one year or longer of incarceration. Having two convictions of a crime involving moral turpitude that don’t stem from the same incident can also lead to those consequences, regardless of when they both occur.
Relief might be possible
While the consequences that stem from crimes involving moral turpitude may be harsh, there is sometimes relief possible. Some people may be eligible for cancellation of removal, waivers or other discretionary remedies. These often depend on circumstances, such as length of residence, time in the U.S. and immigration history.
One key to handling these matters is proper timing. They must be handled swiftly, so it may be beneficial for anyone who’s in this position to work with someone familiar with the intersection of criminal and immigration law so they can provide guidance throughout the process.