Immigration / Crimes Involving Moral Turpitude (CIMTs)
Practice Area

Crimes Involving Moral Turpitude (CIMTs)

Crimes involving moral turpitude can prevent admission, trigger removal, and limit immigration relief. Whether a conviction qualifies is a legal question, not a matter of how serious the charge sounds.

What is a CIMT?

A “crime involving moral turpitude” (CIMT) is not defined by a single statutory list. Decisions generally examine whether the offense requires reprehensible conduct and a sufficiently culpable mental state. Offenses involving intentional fraud or theft with the required intent often raise CIMT issues; assault, sex-offense, and other statutes require close element-by-element analysis. Not every theft, assault, or misdemeanor is automatically a CIMT.

Inadmissibility under INA § 212(a)(2)(A)(i)(I)

A conviction for, or a legally sufficient admission to, the essential elements of a CIMT may create inadmissibility. Important exceptions include the petty-offense exception for a single CIMT when the maximum possible penalty does not exceed one year and the sentence actually imposed does not exceed six months; and a limited exception for certain conduct committed before age 18, subject to timing requirements. These exceptions are technical and do not erase other possible grounds.

Deportability under INA § 237(a)(2)(A)

A CIMT committed within five years after admission (sometimes ten years in a narrow statutory context), with a possible sentence of at least one year, can support deportability. Two or more CIMTs not arising from a single scheme of criminal misconduct can also create deportability regardless of when committed. The dates of admission, offense, and the exact statutory maximum are consequential.

How we evaluate a CIMT allegation

The categorical and, if permitted, modified categorical approaches may defeat an overbroad characterization. We also examine the immigration definition of conviction, statutory exceptions, relief from removal, waivers, and possibilities for legally effective post-conviction relief.

Related topics

Legal references

General legal information; not a prediction of eligibility or outcome. Criminal and immigration law change, and individual analysis is essential.