Legal Overview of Crimes Involving Moral Turpitude
Section 212(a)(2)(A) of the Immigration and Nationality Act states, in pertinent parts:
(i) Any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of
(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime … is inadmissible.
There are however three exceptions to the inadmissibility triggered by Section 212(a)(2)(A):
- Purely political offense:
- Defined in DOS regulations at 22 CFR 20.41(a)(6).
- Includes offenses that resulted in a conviction obviously based on fabricated charges or predicated on repressive measures against racial, religious, or political minorities.
- INA 212(a)(2)(A)(ii)(I) (also referred to as the “Juvenile Offense Exception”):
- Only 1 CIMT was committed, and
- The alien was under age 18 at the time, and
- The CIMT was committed and the alien was released (if confined) more than 5 years before the date of application for a visa, admission, or adjustment of status.
- INA 212(a)(2)(A)(ii)(II) (also referred to as the “Petty Offense Exception”):
- Only 1 CIMT was committed, and
- The maximum penalty possible did not exceed 1 year, and
- If convicted, the sentence imposed did not exceed 6 months (regardless of the time actually served).