Crimes Involving Moral Turpitude (“CIMT”)

Crimes involving moral turpitude (“CIMT”) is a unique legal concept in immigration law. Having a conviction for a CIMT could be a determining factor in assessing an immigrant’s inadmissibility and could lead the immigrant to deportation or denial of entry.

It may be unclear which certain criminal convictions can be classified as a CIMT under immigration law since there is no clear statutory definition of a CIMT. Instead, it has been developed through case law or written opinion by the Board of Immigration Appeals (“BIA”). Some examples of CIMTs are domestic violence, aggravated assault, fraud, murder, etc. A crime can be classified as a CIMT under the immigration law regardless of its seriousness. However, it is important to know that the CIMT only applies to convictions in criminal court. Thus, a conviction that has been vacated due to legal error are not convictions to which CIMT could be applied. However, it is important to know that even if a conviction has been expunged following the completion of a specific program, e.g., probation, counseling, or other procedures, it may still be considered a conviction of a CIMT.

Normally, petty offenses, with the maximum possible sentence for the offense being less than one year, are not considered to be CIMTs. If two or more CIMT convictions arise from a single action, it would also not trigger the CIMT designation. However, there are some cases where a single CIMT conviction alone can lead to deportation. Such cases occur when the potential sentence for the convicted crime is one year or more, and the offense was committed within five years of the date of admission. If these conditions are met, it can lead to a situation where deportation becomes a possibility. In this situation, it may become necessary to apply for a waiver of inadmissibility.

If you have a criminal conviction or are in criminal proceedings, understanding the seriousness of your situation and determining whether the conviction or offense is subject to the CIMT designation are important for minimizing potential risks on your application. Since identifying the CIMT requires complex legal analysis, consulting with an attorney is recommended. The attorneys at Tanner Law Offices can assist you with your case process or provide additional information. Please contact our office at (717) 731-8114 to schedule a consultation to discuss your case.