Criminal Conduct

Crimes of Moral Turpitude

What is a Crime of Moral Turpitude (CIMT)?

CIMTs are a category of crimes that are defined as depraved or immoral acts, antagonize societal norms, and are often done with evil intent. As such, CIMTs are often grounds for deportation. CIMTs commonly include crimes such as:

• Fraud

• Larceny

• Intent to harm persons or things

• Murder

• Kidnapping

• Assault with intent to rob or kill

• Rape

• Voluntary or reckless manslaughter

Can you be deported for a CIMT?

It depends. In Immigration Court, an Immigration Judge (IJ) will make a decision on a case-by-case basis to determine if the crime was a CIMT. A decision will be made by analyzing the law, and investigating the facts surrounding the conviction. 

Here are other factors to consider:

• Convicted within 5 years after entering the U.S.: the individual may be deported if sentenced and confined for one year or longer. If sentenced and confined for less than one year, it may not be grounds for deportation.

• Convicted of two or more CIMTS: the individual may be deportable as long as the offenses did not stem from the same scheme. 

Is there a Waiver for CIMTs?

An individual may apply for an INA § 212(h) waiver. Further, an individual may apply for cancellation of removal. Either option will allow the individual to avoid deportation. 

Types of CIMTs:

Crimes Against a Person: Criminal intent or recklessness, or is defined as morally reprehensible by state (may include statutory rape)

Crimes Against Property: Involving fraud against the government or an individual (may include theft, forgery, robbery)

Sexual and Family Crimes: No one set of principles or elements; see further explanation below (may include spousal or child abuse)

Crimes Against Authority of the Government: Presence of fraud is the main determining factor (may include offering a bribe, counterfeiting)

Aggravated Felonies

What are Aggravated Felonies (AF)?

An aggravated felony (AF) refers to a category of criminal offenses that carry severe immigration consequences for anyone seeking an immigration benefit, such as asylum, legal permanent resident status, or citizenship. In cases where an individual does not possess Lawful Permanent Resident Status, the individual may be detained by Immigration and Customs Enforcement (ICE) or administratively deported from the U.S. without going to Immigration Court.

Do not let the name mislead you - an AF does not have to be “aggravated” or a “felony.” Comparatively minor crimes can still constitute an AF, and it could have detrimental immigration consequences.

Although the term originates from federal law, crimes under state law can constitute an AF. 

How will an Aggravated Felony affect my eligibility for Asylum?

If convicted of an AF, the individual will be ineligible for asylum.

How will an Aggravated Felony affect my eligibility for Cancellation of Removal?

If convicted of an AF, the individual is ineligible for the Immigration Court relief of cancellation of removal.

How will an Aggravated Felony affect my eligibility for Certain Waivers of Inadmissibility?

If convicted of an AF, the individual will be inadmissible. The individual may apply for a waiver under INA § 212(h) to request that the government excuse their past criminal conduct, but they will need to demonstrate “extreme hardship” to a qualifying U.S. citizen or LPR relative.

How will an Aggravated Felony affect my eligibility for Voluntary Departure?

If convicted of an AF, the individual is ineligible for voluntary departure.

How will an Aggravated Felony affect me if I am removed from the United States?

If an individual is removed from the U.S. after an AF conviction, then that person is permanently inadmissible. The person can apply for a special waiver from the Department of Homeland Security, but it is rarely granted. Also, if an individual is removed from the U.S. after an AF conviction, they could face imprisonment for up to 20 years if they re-enter the U.S. illegally.