The Immigration and Nationality Act (INA) 212(a)(2)(A)(i)(I) is a critical component of US immigration law, with specific relevance to the classification of ‘crimes involving moral turpitude’ (CIMTs). In this blog post, we’ll delve into understanding CIMTs, their implications for immigrants, and examples of offenses that fall under this category.
What Are Crimes Involving Moral Turpitude?
Crimes involving moral turpitude are offenses that violate the ethical or moral standards of a community. However, the term ‘moral turpitude’ isn’t explicitly defined in the INA. Consequently, it’s primarily determined through court decisions, which generally characterize these crimes as those involving fraud, dishonesty, or vile, base, or depraved behavior that shocks the public conscience.
In most cases, whether a crime involves moral turpitude is decided on a case-by-case basis by the courts, with considerations given to the specific facts and statutes involved.
How Does INA 212(a)(2)(A)(i)(I) Apply?
Under INA 212(a)(2)(A)(i)(I), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of a crime involving moral turpitude (other than a purely political offense), is inadmissible.
Examples of Crimes of Moral Turpitude
While the classification of a crime as a CIMT can be complex and varies depending on the circumstances, some common examples include:
- Fraud Offenses: This includes crimes like mail or wire fraud, tax evasion, or securities fraud.
- Larceny: Theft crimes are generally considered CIMTs, especially if they involve deceit or intent to permanently deprive the owner of their property.
- Aggravated Assault: While simple assault is not typically considered a CIMT, aggravated assault—characterized by the intent to cause serious bodily harm—can fall under this category.
- Sexual Offenses: Certain sexual offenses, particularly those involving force or a minor, are often classified as CIMTs.
Remember, this is not an exhaustive list, and many other offenses can be classified as CIMTs based on their specific nature and the facts involved.
Impact of Crimes of Moral Turpitude on Immigration Status
Crimes of moral turpitude can have severe impacts on an individual’s immigration status. A conviction can lead to inadmissibility, making it difficult to gain lawful entry or re-entry into the United States, adjust status to lawful permanent residency, or secure certain types of immigration relief.
Note: While this article serves as an overview, interpreting INA and its provisions regarding CIMTs can be challenging. If you or a loved one is dealing with a potential CIMT issue, it’s crucial to consult with an experienced immigration attorney to discuss your options.
Immigrant & Non-immigrant Visa (NIV) Waivers
Schedule a Consultation with an Immigration Lawyer
You may have questions regarding a US immigration matter. We invite you to reach out to our team at Richards and Jurusik for detailed guidance and assistance. Our goal is to provide you with the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today for an assessment of your legal situation.
