Inadmissible for Having Committed a Crime of Moral Turpitude in violations of INA 212 (a)
Fighting for Your Ability to Stay in the United States
Grounds for inadmissibility are crucial to a case involving crimes of moral turpitude. A non-citizen, including lawful permanent residents (green card holders), who travel outside the U.S. can be placed into removal proceedings upon reentry if they are found to be inadmissible due to a prior criminal conviction.
A finding of inadmissibility can occur if the non-citizen or green card holder has been convicted or admitted to the commission of a controlled substance offense or Department of Homeland Security has reason to believe they are a drug trafficker. Note the only exception to this finding is a simple possession charge of 30 grams or less of marijuana.
A finding of inadmissibility can also be charged if the non-citizen or green card holder has been found to have a conviction for a Crime of Moral Turpitude (CMT) committed within 5 years of a grant of a green card and punishably by a year or more in jail.
What Counts as a Crime of Moral Turpitude?
A crime could be considered a CMT if it falls in any of the following categories:
- Conspiracy
- Fraud
- Theft
- Mayhem
- Aggravated assault
- Murder
- Voluntary manslaughter
- Child abuse
- Incest
- Robbery
- Kidnapping
- Prostitution
- Domestic Violence
The main defenses against deportation from a crime of moral turpitude include:
- The lack of a guilty plea;
- Youthful offender exception – provides protection to those under the age of 18;
- Petty offense exception – if the sentencing is less than six months of jail and maximum possible sentence is one year or less;.
- Crime occurred outside the statutory period of 5 years from entry for a LPR note that 2 CIMT’s can lead to inadmissibility regardless of when committed.
Defending Threat of Deportation
To defend against an inadmissibility charge we will need to review the final judgment of conviction issued by the state court where the crime was committed.
Call our offices at (800) 909-8129 to speak to a New Jersey immigration lawyer.
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Common Questions
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Q:I am a fiancée of a U.S. citizen living outside the U.S. How can I enter the U.S. to marry?
A:Your fiancée must apply for a Fiancée Visa, also known as the K-1 Visa. The visa is for parties who have physically met within the past two years, have an intent to marry, and can document a relationship together. The visa is only for those who are residing abroad and cannot be used if the alien is in the US. The application is filed from within the US and when approved, will be forwarded to the American Consular where the alien fiancée will apply for the visa and be interviewed by an officer - usually about 8-12 months from the date of filing.
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Q:I live in the U.S. and I am marrying a U.S. citizen. How can I get a green card and become a permanent resident?
A:Assuming you have entered the US with a visa or are protected by an old law called 245i, you may be eligible to adjust status to receive a green card from within the US. If you have been illegally present for more than 6 months, you cannot travel until the green card is in hand. Current processing time is about 5-7 months.
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Q:I live outside the U.S. and I married a U.S citizen. How can I come to the U.S. to live?
A:To enter the US after a marriage to a US Citizen, you would go through Consular Processing. Paperwork would be filed in the US and forwarded to the embassy abroad to schedule an interview. The processing time frame from start to finish is between 9-11 months, depending on the embassy abroad. The process is document-intensive and requires careful attention to detail.
