What Is Crime Involving Moral Turpitude (CIMT)
A crime involving moral turpitude is a criminal offense that reflects dishonesty, fraud, or conduct considered base or depraved under the standards of moral decency. Under U.S. immigration law, a CIMT conviction triggers automatic inadmissibility and can result in deportation for immigrants with lawful permanent resident (green card) status or those seeking admission to the United States.
Unlike many other grounds of removal, CIMT convictions affect your immigration case regardless of sentence length. A conviction for one CIMT offense grounds removal. Two CIMT convictions committed at different times constitute an aggravated felony under 18 U.S.C. section 101(a)(43)(F), which eliminates access to cancellation of removal, adjustment of status, and most forms of relief.
CIMT in Visa and Green Card Processes
CIMT convictions directly block multiple pathways to legal status:
- Visa denial: USCIS denies immigrant and nonimmigrant visa petitions when a beneficiary has a CIMT conviction. Consular officers reviewing your case at a U.S. embassy or consulate will mark you inadmissible at the visa interview stage.
- Adjustment of status: If you're applying to adjust status to lawful permanent resident under INA 245, CIMT renders you deportable. Your Form I-485 application will be denied, and proceedings may be initiated to remove you.
- Consular processing: Applicants processing through a U.S. consulate abroad must pass a security and background check. A CIMT conviction discovered during this review results in visa refusal, typically under INA 212(a)(2)(A)(i).
- Employment-based petitions: Employers filing Form I-140 for workers with CIMT convictions waste filing fees. These cases are denied before even reaching priority date review.
Crimes Typically Classified as CIMT
- Theft, larceny, burglary, or shoplifting (theft of any value, including misdemeanors)
- Fraud, forgery, identity theft, or making false statements under oath
- Drug trafficking (simple possession typically does not qualify)
- Crimes of violence involving intent to cause harm or reckless endangerment
- Prostitution or pandering
- Embezzlement or financial crimes involving dishonesty
Courts determine CIMT status by looking at the "categorical approach," meaning they examine the statutory definition of the crime, not the specific facts of your case. A conviction for any offense matching these categories blocks your immigration options.
What Happens in Removal Proceedings
If you're placed in removal proceedings based on a CIMT conviction, your legal options are severely limited. Relief options like cancellation of removal (Form I-246) or voluntary departure are unavailable if your CIMT qualifies as an aggravated felony. You may be eligible for withholding of removal or protection under the Convention Against Torture only in narrow circumstances involving persecution or torture in your home country. Deportation is the likely outcome within 6 to 18 months, depending on case backlogs and appeal complexity.
Common Questions
- Does a misdemeanor conviction count as CIMT? Yes. Immigration law treats misdemeanor CIMT convictions the same as felony CIMT convictions. Sentence length does not matter. A theft conviction, regardless of whether it's charged as a misdemeanor, can trigger deportability.
- Can I get a criminal conviction expunged or sealed to fix my immigration status? In most cases, no. Even if a state court expunges or seals a conviction for state law purposes, USCIS and immigration judges use the underlying court documents and sentencing information. An expungement does not erase the immigration consequences. A few states (like California under Penal Code 1203.4) have begun recognizing immigration benefits, but this is rare.
- What if my criminal conviction happened decades ago? Immigration law has no statute of limitations on CIMT convictions. Whether the crime occurred 5 years ago or 30 years ago, it remains grounds for deportation. However, if you were convicted and never charged by immigration authorities, it may not have been discovered; consult an attorney about your specific situation.
Related Concepts
- Inadmissibility - the legal status of being barred from entry or adjustment to the U.S., which CIMT convictions trigger
- Aggravated Felony - a more serious classification that includes two CIMT convictions and eliminates nearly all forms of relief