Criminal history, particularly offenses categorized as Crimes Involving Moral Turpitude (CIMT), can have serious consequences on an individual's ability to obtain visas, adjust their status to lawful permanent residence (green card), or become a U.S. citizen. For many immigrants, understanding the implications of a CIMT is crucial, as these offenses can trigger bars to admission, deportation, and ineligibility for various immigration benefits.

 

What is a Crime Involving Moral Turpitude (CIMT)?

 

A CIMT is generally defined as a crime that involves conduct that is inherently base, vile, or depraved, and contrary to the accepted rules of morality. It often requires an element of intent, such as fraud, theft, or intent to cause harm. While there is no exhaustive list of CIMTs, common examples include crimes involving theft, fraud, assault with intent to cause harm, and certain types of domestic violence.

 

The Impact of a CIMT on Visa and Green Card Applications:

 

1. Inadmissibility and Need for a Waiver: If an immigrant has been convicted of a CIMT, they may be found inadmissible under U.S. immigration law, meaning they cannot enter the United States or adjust their status without a waiver. The type of waiver required depends on the specifics of the case. For example, a §212(h) waiver may be necessary if the individual is applying for a green card through a family member but has a CIMT conviction. However, certain offenses may qualify for the “petty offense exception,” which can exempt a person from inadmissibility if the sentence imposed is less than six months, and the maximum possible sentence does not exceed one year.
2. Permanent Bar and the 212(a)(9)(C) Waiver: Some offenses, such as multiple CIMTs or a CIMT combined with prior removals, can result in a permanent bar to admission, requiring the individual to remain outside the U.S. for ten years before becoming eligible to apply for a §212(a)(9)(C) waiver. Even after the ten-year period, a waiver is still required to reenter the U.S. or obtain lawful permanent residency.

Criminal Cases and CIMT Analysis Under Current Law:

Case law like Descamps v. United States plays a critical role in determining whether a specific crime qualifies as a CIMT. For instance:

• Receipt of Stolen Property: Under Descamps, a conviction for receipt of stolen property may not always constitute a CIMT. If the statute under which the individual was convicted includes the possibility of temporary taking—meaning that the intent was not necessarily to permanently deprive the owner of their property—it may not rise to the level of a CIMT.
• Possession of a Bad Check: Conversely, offenses like possession of a bad check with intent to defraud are typically considered CIMTs because they involve intentional deception. However, if it falls within the petty offense exception, it may not trigger inadmissibility.

Navigating CIMT Convictions and the Waiver Process:

For individuals with CIMT convictions, filing for a waiver such as a §212(h) or §601 can be crucial to overcoming the grounds of inadmissibility. In cases involving multiple convictions, such as a DUI, simple battery, and a CIMT, determining the right waiver strategy is essential. For instance, the individual may not need to file a §601 waiver if the CIMT conviction qualifies for the petty offense exception, but they will still require a §212(a)(9)(C) waiver due to the permanent bar.

Reentry After Removal Based on a CIMT:

If an individual was removed from the U.S. due to a CIMT, such as in 1998, the CIMT conviction does not automatically “disappear” after the ten-year period outside the United States. While the individual may be eligible to apply for reentry, they would still need a waiver to overcome the prior grounds of inadmissibility, particularly if they are the beneficiary of an immigrant visa petition. This highlights the importance of understanding the lasting impact of CIMT convictions on immigration options.

Conclusion:

Criminal history, especially involving CIMTs, can be a significant barrier to achieving or maintaining legal status in the United States. For individuals with such convictions, seeking the guidance of experienced immigration counsel is crucial to navigating the complexities of waivers and overcoming grounds of inadmissibility. Understanding the nuances of each offense and how it fits within U.S. immigration law can make a critical difference in the outcome of a visa, green card, or naturalization application.