Ground of Inadmissibility: CIMT
Any person that is convicted of or admits to committing a crime involving moral turpitude (CIMT) is not admissible to the US. Immigration laws define a CIMT as (1) an act that is inherently evil or wrong by any society’s standard, or (2) conduct that is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between person or to society in general.
If you are confused, you are not alone. Here are a few things you should keep in mind when trying to figure out if a crime is a CIMT:
- Knowledge is usually a required element of the crime
- Specific intent is usually a required element of the crime
- An element of conscious disregard of a substantial and unjustifiable risk may make a crime a CIMT
- A crime’s classification as a misdemeanor or felony or the sentence imposed do not determine whether a crime involves moral turpitude
The following are examples of crimes that have been determined to be CIMT’s:
- Theft offenses, if they involve a permanent taking
- Crimes that have fraud as an element
- False statements made with the specific intent to deceive
- Murder and attempted murder
- Assault with a deadly weapon
- Possession of child pornography
- Trafficking in a controlled substance
Determining whether a crime is a CIMT requires a careful analysis of immigration law, criminal law, and court opinions. It is very important that anyone that has been charged or convicted, or has admitted to committing, a crime that could potentially be a CIMT, meet with an experienced attorney to discuss their options.
If you have questions about your immigration case, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Group. Contact Attorney Evelyn today at email@example.com to discuss any immigration issues you may be experiencing.