Overview of Crimes Involving Moral Turpitude (a/k/a CIMTs) - a classification of crimes that can lead to inadmissibility, exclusion, deportation, removal, or a denial of immigration benefits such as citizenship or permanent resident status.

1. Crimes Involving Moral
Turpitude (“CIMTs”)
by Marshall H. Hong, J.D.
www.Hong-Immigration.com
www.ImmigrationInfoSite.com

2. Disclaimer
This Presentation is not intended as a substitute for personalized
legal advice from a qualified immigration attorney.
This Presentation is intended to give a general overview of Crimes
Involving Moral Turpitude, which could result in Deportation.
If you are not a U.S. Citizen and you have been charged with a
crime, or if you are already facing Deportation due to a Criminal
Conviction, you should consult with a qualified immigration
attorney in your area for advice and possible representation.
At the conclusion of this Presentation you will find contact
information for the Author – please feel free to contact the
Author if you have specific questions or would like additional
information on this or other immigration law topics.

3. Criminal Convictions &
Immigration Status
If you are residing in the U.S. and you are not a U.S. Citizen,
certain Criminal Convictions could result in negative
consequences with respect to your immigration status, which
include:
Deportation from the United States.
Refusal of Admission back into the United States after
temporary foreign travel (a/k/a Exclusion or Inadmissibility).
Denial of an Application for immigration benefits such as
Lawful Permanent Resident Status.
Denial of an Application for Naturalization (Citizenship).

4. Deportability vs. Inadmissibility
When a non-citizen individual is found to be “inadmissible”, this
means that he can be refused admission (lawful entry) into the
United States at a port of entry, or denied an immigration benefit,
such as naturalization, or adjustment of status to permanent
residence.
When a non-citizen individual is found to be “deportable”, this
means that he is physically present in the United States, but can
be ordered removed/deported from the United States.
Certain criminal convictions can make an individual inadmissible,
deportable, or both.

5. Classification of Crimes
There are several classifications of Criminal Convictions that
can result in Deportability or Inadmissibility:
Crimes Involving Moral Turpitude (“CIMT”).
Aggravated Felonies.
High Speed Flight.
Controlled Substance-Related Crimes.
Crimes Involving Firearms.
Domestic Violence Crimes.
Miscellaneous Crimes.

6. Convictions & Deportation
This Presentation will focus on the issue of which crimes can be
classified as Crimes Involving Moral Turpitude (“CIMTs”).
Please visit
www.ImmigrationInfoSite.com
for information, articles, and other materials regarding other
classifications of crimes, the consequences of which could
include Deportation, Exclusion, and Denial of Immigration
Benefits (such as citizenship or permanent residency)

7. Need not be a “conviction”
In most cases, a criminal charge must result in a “conviction”
before it can lead to inadmissibility or deportability.
However, in the case of Crimes Involving Moral Turpitude
(“CIMTs”), an individual could be found inadmissible even when
there has not been a “conviction”.
If an individual admits to an immigration officer or consular officer,
that he has committed a CIMT, or if he admits to having committed all
of the acts that make up the “essential elements” of a CIMT, he could
be found to be “inadmissible”.
By contrast, to be found deportable, an individual must have been
“convicted” of a CIMT.

8. “Essential Elements” of a CIMT
The “essential elements” of a crime are all of the acts, omissions,
or intentions, that the prosecution must prove in order to show
that a crime - as defined by the criminal code - has been
committed by a defendant.
The criminal code (or statute) is the written law as enacted by the
federal, state, or municipal legislative body, that defines what acts
or omissions are considered to be criminal conduct.
For an individual to be found guilty of having committed a crime,
the prosecution must show that ALL of the “essential elements”
of the crime have been committed.

9. “Essential Elements” of a CIMT
(an example)
For example, under Illinois law, the crime of “theft” is defined as
follows (from 720 ILCS 5/16-1):
A person commits “theft” when he or she knowingly:
obtains or exerts unauthorized control over property of the owner . . .
AND
intends to deprive the owner permanently of the use or benefit of the
property.
(Note: the full statute includes other possible alternative elements, but
the above excerpt gives a complete list of “essential elements” for one
version of the crime of theft as defined in the Illinois Criminal Code)

10. “Essential Elements” of a CIMT
(an example - continued)
In the above example, note that the “essential elements” are listed
in bold print:
i. knowingly
ii. exerts unauthorized control over the property of the owner
iii. with the intent
iv. to deprive the owner permanently of the use or benefit of the property
If any of the above elements are absent, then the crime of theft has
not been committed.
For example, if the accused did not have the intent to deprive the
owner permanently of the use or benefit of the property (i.e. his
intention was only to “borrow” the property), then he has not
committed a theft.

11. “Essential Elements” of a CIMT
(an example - continued)
Similarly, if the exercise of control over the property of
another is not unauthorized, then a theft has not been
committed:
i.e. the owner of the property authorized (gave
permission to) the accused to exert control over the
property

12. “Essential Elements” of a CIMT
(an example - continued)
Using the above example (the crime of “theft” in Illinois), if an
individual admits to an immigration officer or consular officer that
he has (i) knowingly (ii) exerted unauthorized control over the
property of an owner (iii) with the intent (iv) to deprive the owner
permanently of the use or benefit of the property, then the
individual can be found to be “inadmissible”, even if he has never
been convicted of the crime of “theft”.
(It is important to note that such an admission must be voluntary,
and the individual must have been provided with a definition of all
of the “essential elements” of the crime prior to his admission,
before a finding of “inadmissibility” can be made.)

13. “Conviction” required for
“Deportability”
As noted above, although admitting to the “essential
elements” of a CIMT can lead to a finding of “inadmissibility”,
a conviction is still required before a CIMT can lead to a finding
of “deportability”.

14. When is it a “conviction”
It is important to note that a “conviction” for immigration law
purposes may not be the same as a “conviction” under the
criminal laws of your state. If you have been charged with a
crime, and the criminal court disposed of the charge with an
order other than a “conviction” – or if the case is still pending
and the prosecutor offers an alternative disposition instead of
a “conviction”, in exchange for your plea of guilty - you should
consult with a qualified immigration attorney to determine
whether it will be considered a “conviction” for immigration
law (Deportation) purposes.

15. “Conviction” Defined
For Immigration Law purposes, under the Immigration and
Nationality Act (“INA”), a “Conviction” is defined as
follows:
A person has been “convicted” of a crime if a criminal court
(judge) has found that person guilty and has entered a
formal judgment of guilt against that person.
In some cases, even if the court has not entered a formal
judgment of guilt, a person may still be considered to have
been “convicted” (for immigration law purposes) if the
person was found guilty, or has entered a plea of guilty, and
the judge has entered some form of punishment or restraint
on the person’s liberty (for example, an order of Probation
or Supervision).

16. Which Dispositions are NOT
Considered “Convictions”?
The following dispositions of criminal charges are NOT
considered to be “Convictions” for immigration law
purposes:
Acquittals and other findings of “Not Guilty”.
Charges that have been dismissed by the prosecutor.
Cases resulting only in the imposition of court costs.
Certain diversionary programs where the defendant agrees
to participate in some rehabilitative or other program,
without an admission or finding of guilt.
Certain cases in which a conviction has been vacated on
due process or constitutional grounds (and not solely to
avoid immigration consequences).

17. Crimes Involving Moral Turpitude
The term “Crimes Involving Moral Turpitude” (“CIMTs”)
refers generally to a range of crimes that are considered to
be base, vile, or depraved. The characterization is based on
the “evil intent” or “corrupt mind” of the perpetrator of
the crime. While there is no clearly defined list of crimes
considered to be CIMTs, they are usually those crimes that
involve fraud or dishonesty, sex crimes, and those crimes
involving serious harm or injury to another.

18. CIMTs and “Inadmissibility”
When an individual has been “convicted” of a CIMT, or has
admitted to an immigration officer or consular officer that
he has committed a CIMT, or that he has committed all of
the “essential elements” of a CIMT, he will be
“inadmissible”.

19. “Petty Offense” Exception
If an individual has been convicted of only a single CIMT,
and that CIMT is considered to be a “petty offense”, then
the individual will not be “inadmissible”.
A CIMT is considered to be a “petty offense” when the
maximum possible penalty for the crime is less than one
year of imprisonment and when the actual sentence
imposed is less than six months of imprisonment.

20. CIMTs and “Deportability”
For a CIMT to be a “deportable” offense:
i. the alien must have been “convicted” (see
above);
ii. the CIMT must have been committed within 5
years of the alien’s admission into the U.S.; and
iii. the CIMT must also be one that is punishable by a
sentence of one year or more (even if the actual
sentence is less than one year).

21. Multiple CIMT Convictions
A non-Citizen may also be Deported if he has been
convicted of two or more CIMTs “not arising out of a
single scheme of criminal misconduct”
Under this section of the law, the crimes can have been
committed at any time after admission into the U.S. In
other words, unlike Deportability for a single CIMT
conviction, there is no requirement that the CIMTs have
been committed within 5 years of admission into the
U.S. to render the alien Deportable.

22. Examples of CIMTs
Some examples of crimes that have been found to be CIMTs:
Robbery
Arson
Fraud
Assault resulting in serious bodily injury
Sex Crimes (an alien may also be Deportable for failure to
register as a Sex Offender if required to do so by law)
Retail Theft
(the proper determination of whether a crime is a CIMT may vary
from state to state and may require analysis by a qualified
immigration attorney)

23. Domestic Violence & Related Crimes
An alien will be Deportable if, at any time after admission to the
U.S., he is convicted of a crime involving:
Domestic Violence;
Stalking;
Child Abuse, Child Neglect, or Child Abandonment; or
the Violation of an Order of Protection.
A crime of violence will be considered “Domestic Violence” if it is
committed against the perpetrator’s spouse, against a person
with whom the perpetrator has a child, or against a person who
resides with the perpetrator.
(Note: A conviction for Domestic Violence may also make an
individual “inadmissible” or “deportable” as a CIMT.)

24. Deportability and Relief from
Removal
Due to space limitations, this Presentation is necessarily an
incomplete and generalized overview of Crimes Involving Moral
Turpitude. If you have been charged with or convicted of a crime, or
are facing Deportation Proceedings for a Criminal Conviction, you
should consult with a qualified immigration attorney to determine:
Whether the conviction can be classified as a Crime Involving
Moral Turpitude (“CIMT”);
Whether you can vacate the conviction to avoid inadmissibility
or deportation; and/or
Whether you are eligible for any other form of Relief from
Removal, such as Cancellation of Removal, or a Waiver.

25. Conclusion
If you are not a U.S. Citizen, and you have been charged with or convicted of
a crime, it is important that you consult with a qualified immigration
attorney regarding your options and how the charge or conviction may
affect your status in the U.S., including the possibility of Deportation.
If you have been arrested, even if you believe you were not convicted, you
may still wish to consult with an immigration attorney, as the definition of
“conviction” for immigration law purposes may differ from the definition of
“conviction” under the laws of the state in which you were arrested.
This presentation is intended only as a general overview and does NOT
attempt to answer your individualized questions. For more information on
these and other immigration law issues, please visit:
www.ImmigrationInfoSite.com

26. For More Information, visit us at:
www.ImmigrationInfoSite.com
www.Hong-Immigration.com
or contact Marshall Hong by email at:
Marshall@Hong-Immigration.com