What are Crimes Involving Moral Turpitude (CIMT) under U.S. Immigration Law?

Have you had a run-in with the law and are left wondering whether it will affect your immigration status? You are not alone. Many immigrants are caught off guard by something known as a crime involving moral turpitude (CIMT). This category of offenses can significantly impact your immigration status. At Immigration Question, we know how confusing this area of law can be and are here to help.

Keep reading as this blog answers your immigration questions about CIMT.

What Is a Crime Involving Moral Turpitude?

The Board of Immigration Appeals (BIA) describes moral turpitude as a “nebulous concept” and one that refers to behavior that is inherently vile, depraved, or contrary to accepted ethical standards. Think of conduct that would “shock the public conscience.”

Examples of CIMT range from serious violence to crimes involving dishonesty or fraud.

If you are facing charges and are unsure how it impacts your immigration status, now is the time to speak to an Immigration Question lawyer who can review your case.

How Do Courts Determine If a Crime Is a CIMT?

Not all crimes automatically count as CIMTs. Immigration authorities and courts consider several factors:

• Intent: Was the crime committed deliberately or with malicious intent?
• Severity: Was it a minor infraction or something more serious like assault or murder?
• Remorse: Did the offender attempt to fix the harm done?
• Impact: Did the victim suffer physically or emotionally?

These are just guidelines, but they help attorneys and judges interpret whether a particular offense meets the CIMT threshold.

Consequences of a CIMT on Immigration Status

Being convicted of a crime involving moral turpitude can have detrimental consequences. They include:

1. Inadmissibility: A CIMT may prevent you from obtaining a U.S. visa or green card.
2. Deportability: Green card holders can be removed from the U.S. for committing a CIMT.
3. Citizenship Denial: A CIMT can stop you from proving the “good moral character” needed for U.S. naturalization.

These rules can be found in the Immigration and Nationality Act.

Are CIMTs Misdemeanors or Felonies?

A misconception is that only felonies count as CIMTs. That is not true. A crime can be a CIMT regardless of:

• Whether it is labeled a misdemeanor or felony
• How much time was served
• How the criminal justice system classifies it

A seemingly “minor” offense might have major immigration consequences.

Categories of Crimes That May Be Considered CIMTs

According to the U.S. Citizenship and Immigration Services (USCIS), here are examples of crime categories that may involve moral turpitude:

Crimes Against a Person

These typically include violence or intent to harm another. Aggravated assault and battery usually qualify as CIMTs. Simple assault may not, depending on state law and context.

Crimes Against Property

If the offense involves dishonesty or fraud, like theft, robbery, or forgery, it is likely to be considered a CIMT.

Sexual and Family Crimes

Spousal abuse, child abuse, and certain sex-related crimes may qualify, especially if there is intent or violence. However, minor domestic altercations or technical violations often require case-by-case analysis.

Crimes Against Government Authority

Offenses such as bribery or counterfeiting are generally CIMTs due to their fraudulent intent.

Crimes That Courts Have Already Found to Be CIMTs

Immigration courts and the BIA have recognized a long list of crimes as CIMTs in past decisions, including:

• Murder
• Manslaughter (voluntary and sometimes involuntary)
• Rape
• Spousal and child abuse
• Kidnapping
• Robbery
• Animal fighting
• Bigamy
• Fraud (of nearly any kind)
• Conspiracy, attempt, or aiding and abetting a CIMT

Are you facing a CIMT? Speak to an Immigration Question Attorney Today

If you have been charged with a crime and you are worried about your immigration status, contact a verified Immigration Question lawyer who can help you understand your rights and create a strategy for your case.

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FAQs About Crimes Involving Moral Turpitude (CIMT)

1. What is a Crime Involving Moral Turpitude?

A CIMT is a crime that is considered inherently base, vile, or depraved and contrary to societal standards of morality. These offenses typically involve intent to harm, fraud, or grave misconduct. Examples include murder, fraud, and child abuse.

2. How can a CIMT affect my immigration status?

A CIMT can lead to several immigration consequences, including inaccessibility to the U.S., deportability, and ineligibility for U.S. citizenship.

3. Is a CIMT a misdemeanor or felony?

A crime can be classified as a CIMT regardless of whether it is a misdemeanor or felony, even if no jail time was served. What matters is the nature of the offense and how it is interpreted under immigration law.

4. Can I become a U.S. citizen with a CIMT on my record?

A CIMT can prevent you from proving the “good moral character” required for naturalization, but there are exceptions. Speak to an Immigration Question lawyer to know your options.

5. Where can I find legal help for an immigration issue?

Visit Immigration Question to connect with an experienced attorney. The earlier you seek legal advice, the more options you may have to protect your status.