Crimes Involving Moral Turpitude

A crime involving moral turpitude does not refer to any specific crime; it is a designation that can be applied to a variety of crimes. Under the Immigration and Nationality Act (INA), admitting to having committed or having been convicted of a crime involving moral turpitude is grounds for inadmissibility and can bar you from entering the United States. Or, if you are already present in the United States it can be cause for your deportation.

While there is no set definition for a crime involving moral turpitude, the loose definition includes crimes that are said to be shocking to the public conscience or especially vile and depraved.  Normally, it will be asked of the judge and jury to determine whether your crime(s) are so reprehensible that they should be classified as involving moral turpitude.

Whether or not a crime involves moral turpitude is determined primarily by the wording of the law for the statutory offense for which the person was convicted. This means that the evidence relating to the crime committed, including the person's own testimony, lacks any relevancy to the determination of whether or not the crime involved moral turpitude. The most common crimes that involve moral turpitude include theft, fraud, or the intent to damage property or harm persons.

The following is by no means an exhaustive list of crimes that may be classified as involving moral turpitude.

Examples of Crimes Involving Moral Turpitude:

  • Arson
  • Rape
  • Homicide
  • Aggravated Assault, and
  • Manslaughter

You can be deported for committing a crime involving moral turpitude for either of the following reasons:

  1. You committed the crime within your first five years of your admission into the United States, or
  2. You have committed two or more crimes involving moral turpitude that were not a part of a single criminal scheme, at any point after you have been admitted to the U.S.

Other Examples of Deportable Crimes

DUI:

  • Under most circumstances, being convicted of one DUI in California as a non-U.S. citizen will not lead to any consequences to your immigration status. But there are particular circumstances in which a DUI can become a deportable crime. For example, if you are driving under the influence with a child in the car.

Shoplifting/Petty Theft (California Penal Code § 484 or § 488):

  • Shoplifting goods valued at $950 or less is considered a crime of moral turpitude. Shoplifting includes carrying goods out of a store without paying for them as well as changing price tags to make items cheaper. If you have a prior conviction for theft, your second conviction could be considered an aggravated felony, and you could face deportation.

Illegal Entry:

  • Any foreign person who enters the United States without permission from the immigration authorities will be deemed inadmissible. If you have been removed (deported) from the United States for a prior aggravated felony conviction, any attempt to reenter the United States via illegal means would also be considered an aggravated felony. Aggravated felonies are grounds for deportation.

Smuggling Aliens:

  • A person is considered an alien smuggler if they at any point knowingly aided or abetted any foreign person to enter or attempt to enter the United States unlawfully. Alien smuggling is a very serious charge and can even be grounds for your deportation.

Lying on a Government Form:

  • Lying on a government form is a very serious charge that can be grounds for your inadmissibility for entry to the United States, or your deportation. You may be tempted to lie to cover up something that could be grounds for your inadmissibility, but the lie may often have greater consequences than the thing you were covering up.

Prostitution:

  • Depending on the state law, charges for prostitution or solicitation can be applied at different stages of the “transaction”. Having engaged in prostitution or having solicited a prostitute, could be grounds for your inadmissibility. However, there are waivers available that will allow you to apply, if the criminal grounds for your inadmissibility involved prostitution.

It is advisable to seek legal guidance from our office today as we strive to help guide you with your specific case. 

Attorney Ramona Kennedy cares about your case and will fight for you.

You can contact attorney Ramona Kennedy Law Offices (Kennedy Law LC) for an initial consultation and case evaluation. The first consultation is free of charge. 

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