What is a crime involving moral turpitude?

This is general information, not legal advice. Whether a crime is a CIMT depends on the exact law you were charged under. Only a lawyer who reads your record can tell you.

What does "moral turpitude" mean?

It is an old legal phrase. Congress never defined it. Courts have filled in the meaning over many years.

The USCIS Policy Manual sums it up this way: conduct that shocks the public conscience as base, vile or depraved. In practice, the key question is whether the crime requires a bad act plus a guilty mind, like intent to cheat, to hurt someone on purpose, or reckless disregard.

The label attaches to the crime as written in the law, not to what you actually did. Courts compare the elements of your statute with the federal idea of a CIMT. This is called the categorical approach, explained by the Supreme Court in Moncrieffe v. Holder. The same act can be a CIMT under one state's law and not under another's.

Which crimes are usually CIMTs?

USCIS groups them like this in its Policy Manual:

Some quick examples from the Board of Immigration Appeals:

• Theft. Theft is a CIMT if it means taking without consent with intent to deprive the owner for good, or so that the owner's rights are badly eroded. That is the test in Matter of Diaz-Lizarraga (BIA 2016). See How a theft charge can affect your status.
• DUI. A simple DUI is not a CIMT. Driving under the influence while knowing your license is suspended or revoked is, under Matter of Lopez-Meza. See Can a DUI affect my immigration case or DACA?

Don't guess from the name of the charge. Ask your lawyer to check the exact code section.

Can one CIMT get a green card holder deported?

It can, if both of these are true, under 8 U.S.C. 1227(a)(2)(A)(i):

1. You committed it within 5 years after you were admitted. The clock runs from the date of admission, and the date that counts is when the crime happened.
2. A sentence of 1 year or longer may be imposed. This is the possible sentence under the law, not the sentence you got.

The California angle. Since January 1, 2015, the most jail time for a California misdemeanor is 364 days, under Penal Code 18.5. So one misdemeanor CIMT usually can't meet the "1 year may be imposed" test. But for misdemeanors from before 2015, the Board of Immigration Appeals held in Matter of Velasquez-Rios that the change does not help. A felony, or a wobbler that stays a felony, carries more than a year. See Why the length of a sentence matters and Reducing a felony to a misdemeanor.

Two or more CIMTs. If you are convicted of two CIMTs, at any time after admission, that did not come from a single scheme, you can be deportable no matter the sentence, under 1227(a)(2)(A)(ii).

Some CIMTs are also aggravated felonies, for example theft or fraud with a sentence of a year or more. That is far more serious. See What is an aggravated felony?

Can a CIMT keep me from getting a green card?

Yes. A different rule applies when you ask to come in or to get a green card. Under 8 U.S.C. 1182(a)(2)(A), you can be inadmissible if you were convicted of a CIMT, or if you admit to the facts of one, even without a conviction. There is no 5 year time limit here.

The petty offense exception can save you if all of this is true:

• it is the only CIMT you have ever committed,
• the highest possible sentence was 1 year or less, and
• the actual sentence was 6 months or less.

Most single California misdemeanors meet the "1 year or less" part. The 6 month part depends on your sentence, including suspended time, so ask your lawyer to read the sentencing record.

A waiver may help. The 212(h) waiver can forgive a CIMT in some cases, for example with hardship to a U.S. citizen or green card holder spouse, parent, son or daughter. It has strict limits for some green card holders. See Can I still get a green card or relief with a record?

Travel warning for green card holders. A green card holder who has committed a CIMT can be treated as asking for admission when they come back from a trip, under 8 U.S.C. 1101(a)(13)(C)(v). Talk to a lawyer before you travel. See Should green card holders travel abroad?

Does a CIMT affect citizenship?

Yes. To become a citizen, you must show good moral character for the period before you apply. A CIMT conviction or admission in that period blocks it, unless it is a single petty offense, the USCIS Policy Manual says.

And a CIMT that made you deportable can lead to a removal case if you apply. Get a legal screening before you file. See Applying for citizenship with an arrest record.

Does a CIMT matter for DACA?

DACA uses its own rules. It looks at felonies, "significant misdemeanors" and three or more other misdemeanors, under 8 CFR 236.22(b)(6). The CIMT label is not itself the DACA test. But if you later seek a green card, the CIMT rules apply. See Can I keep DACA if I have been arrested?

What about people in immigration court?

If you have no green card and are asking for cancellation of removal, a conviction for an offense listed in 1182(a)(2) or 1227(a)(2), which include CIMTs, can block you, under 8 U.S.C. 1229b(b)(1)(C). A CIMT can also hurt the good moral character you must show. See Cancellation of removal.

What can a lawyer do if my charge is a CIMT?

Often a lot, especially before you plead.

• Change the charge. Your defense lawyer can work toward a plea to a different law that is not a CIMT. California prosecutors must consider immigration effects when they negotiate, under Penal Code 1016.3. See Can the prosecutor consider immigration consequences?
• Keep the sentence low. Aim for 6 months or less for the petty offense exception, and under 1 year to avoid aggravated felony problems.
• Watch the record. What the plea form says about the facts can matter.
• Fix an old case. If you were not warned about immigration effects, a California court may be able to vacate it. See Ways to fix an old California conviction.
• Don't admit facts to immigration officers without your lawyer. An admission alone can count.

What does this look like in real life?

Example (fictional). Rosa has had a green card for 3 years. She is charged with misdemeanor petty theft in California. The possible sentence is under a year, so the 5 year deportation rule does not reach it. Her lawyer still works to keep her sentence under 6 months, so that the petty offense exception protects her if she ever travels or applies for citizenship.

Questions people ask

Is every crime a CIMT? No. Many crimes are not, like simple DUI, most simple assaults, and many traffic offenses.

My case was dismissed. Does it still count? Maybe. Immigration has its own meaning of "conviction." See What counts as a conviction for immigration?

Does a CIMT always mean deportation? No. Your status, the dates, the possible sentence and the number of CIMTs all matter. Many people with one CIMT keep their status.

Can I find a list? No official list exists. The answer depends on the exact statute and court decisions. That is why a lawyer's check matters.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Your defense lawyer or public defender is your first call in an open case. For Santa Clara County cases, the Public Defender's main line is (408) 299-7700. For San Mateo County cases, the court appoints the Private Defender Program, (650) 298-4000.
• Anywhere in the U.S.: search ImmigrationLawHelp.org by zip code for nonprofit legal help.
• Anywhere in California: the California Department of Social Services provider map, or call (916) 651-8017.
• San Mateo and Santa Clara county residents with low income: Community Legal Services in East Palo Alto (CLSEPA), (650) 326-6440.
• More help: Arrests, records and immigration: the complete guide and Words to know when a criminal case touches immigration

A hard word on your file is not the end of your story. Ask the right questions early, and you give your lawyer room to protect you.