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So, you’re interested in coming to the US? First, you may need to find out if you are admissible.
Grounds for inadmissibility include health related issues and, more seriously, crimes of moral turpitude, also known as a CMT.
Any alien convicted of, or who admits having committed, or who admits
committing acts which constitute the essential elements of
1) a crime involving moral turpitude
(other than a purely political offense) or an attempt or conspiracy to
commit such a crime, OR
2) a violation of (or a conspiracy or
attempt to violate) any law or regulation of a State, the US, or a
foreign country relating to a controlled substance,
is inadmissible.
The question is: What exactly IS a crime of moral turpitude?
Moral turpitude is a legal concept in the United
States that refers to “conduct that is considered contrary to
community standards of justice, honesty or good morals." A crime of
moral turpitude "refers generally to conduct which is inherently base,
vile, or depraved, and contrary to the accepted rules of morality and
the duties owed between persons or to society in general.”
If any of the above applies to you, the good news is, there are exceptions.
The grounds for inadmissibility in 1 & 2 above shall not apply to an alien who committed only one crime IF
1) the crime was committed when the
alien was under 18 years of age, AND the crime was committed more than
5 years before the date of application for a visa or other
documentation and the date of application for admission to the United
States, OR
2) the maximum penalty possible for the
crime of which the alien was convicted did not exceed imprisonment for
one year AND the alien was not sentenced to a term of imprisonment in
excess of six months [regardless of the extent to which the sentence
was ultimately executed].
Also, as it relates to inadmissibility by criminal grounds, the
applicant may apply for a Waiver of Ground of Inadmissibility on Form
I-601 if they have been found to be inadmissible for: (1) a crime
involving moral turpitude (other than a purely political offense); (2)
a controlled substance violation according to the laws and regulations
of any country as long as it relates to a single offense of simple
possession of 30 grams or less of marijuana; (3) two or more
convictions (other than purely political ones), for which the combined
sentences of confinement were five years or more; (4) prostitution; (5)
unlawful commercialized vice whether or not related to prostitution; or
(6) being an alien involved in serious criminal activity, who has
asserted immunity from prosecution.
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The applicant must establish that
they are inadmissible only because of participation in prostitution
(including having procured others for prostitution or having received
the proceeds of prostitution), but that they have been rehabilitated
and their admission will not be contrary to the national welfare,
safety or security of the United States; OR
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At least 15 years have
passed since the activity or event that made the applicant
inadmissible, they have been rehabilitated and that their admission to
the United States (or issuance of the immigrant visa) will not be
contrary to the national welfare, safety or security of the United
States; OR
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The applicant's
qualifying U.S. citizen or legal permanent resident spouse, son,
daughter, parent or K visa petitioner would experience extreme hardship
if the applicant were denied admission; OR
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The applicant is an approved VAWA (Violence Against Women Act) self-petitioner.
To help you get a better understanding of what may constitute as a CMT and what may not, we list examples of both below.
(1) Crimes Against the Person
(a) Involving moral turpitude
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Assault--Assault with intent to rob or kill or to commit abortion or rape
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Battery (aggravated)
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Carrying a concealed weapon with intent to use
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Child/spousal abuse
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Disorderly conduct (in certain limited circumstances)
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Driving under the influence (aggravated)
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Kidnapping
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Murder and voluntary manslaughter
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Restraint
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Robbery
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Threats; terroristic threats
(b) Not involving moral turpitude
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Assault and battery (simple)
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Battery
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Child Abandonment
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DUI involving simple DUI
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Others including: Harassing telephone calls, Kidnapping (simple)
Malicious mischief, Manslaughter (involuntary), Reckless endangerment
(attempted) and Weapons possession
(2) Sexual offenses
(a) Involving moral turpitude—Adultery, Bigamy, Incest, Lewdness, Oral sex, Prostitution, Rape, Statutory rape
(b) Not involving moral turpitude—Bastardy, Fornication or Mann
Act violations where compulsion was not inherent in crime, Indecency,
Mailing obscene letter, Maintaining a nuisance, Minors - contributing
to the delinquency of, Vagrancy (when charged in lieu of
prostitution)
(3) Crimes against property
(a) Involving moral turpitude:
Arson, Blackmail, Burglary, Embezzlement, Food Stamp Fraud, Larceny,
Illegal use of credit cards, Possession of stolen property with the
knowledge it is stolen, Receipt of stolen property, Shoplifting,
Stealing cellular air time, Theft, Securities fraud, Trespass
(malicious)
(b) Not involving moral turpitude: Breaking and entering or unlawful
entry when no intent, Burglary, Entry of goods by means of a false
statement, Malicious destruction of property, Malicious mischief,
Passing bad checks where intent is not a necessary element, Possession
of stolen property where guilty knowledge not essential, Joyriding,
Rioting, Theft of services, Unauthorized use of a vehicle
(4) Crimes against government
(a) Involving moral turpitude:
Bribery, Counterfeiting, Driver’s license - use of fraudulent
license, False statements on passport applications, Fleeing
(aggravated) a police officer, Immigration fraud, Mail (possession of
stolen mail), Mail fraud, Money laundering, Obstruction of justice,
Pell Grant fraud, Stolen bus transfers, Tax evasion, Turnstile jumping
(going into subway without paying) Welfare fraud
(b) Not involving moral turpitude: Alien smuggling, Conspiracy to
commit offenses against U.S., Contempt of Congress, False attestation
on I-9, False statements not amounting to perjury, Military crimes -
desertion, Money laundering (structuring financial transactions to
avoid currency, Re-entry after deportation
(5) Crimes involving fraud: Any crime involving fraud is almost always a crime of moral turpitude
(6) Misprision of Felony
(7) Violations of regulatory laws: Violations of regulatory laws generally are not CMTs.
(8) Drug Offenses: Generally, possessory offenses are not CMTs.
(9) Weapons offenses
(a) Involving moral turpitude: Use of weapons in the course of other crimes may indicate moral turpitude
(b) Not involving moral turpitude: Carrying concealed weapon
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