- Immigration
In the complex world of U.S. immigration law, there is a category of offenses known as Crimes of Moral Turpitude (CMT), which can have a significant impact on an immigrant’s ability to remain in or enter the United States.
CMTs are considered inherently immoral or dishonest acts, and convictions for such crimes can lead to serious immigration consequences. If you or a loved one is facing charges or has a conviction for a crime that may be classified as a CMT, itās important to understand what this means for your immigration status.
At Nash Law, we specialize in criminal defense and immigration-related cases. We know that navigating the U.S. legal system can be overwhelming, especially when your ability to stay in the country is at risk. Call Nash Law today at 615-NASH-LAW for a consultation and let us help protect your rights.
What is a Crime of Moral Turpitude?
A ‘Crime of Moral Turpitude‘ is a legal term that refers to an offense that violates societyās accepted moral standards. These are crimes that involve dishonesty, fraud, or an intent to harm others. CMTs are viewed as crimes that shock the public conscience, and they can affect both your criminal record and your immigration status.
Legal Interpretation
One of the challenges with CMTs is that they are not defined by a specific statute but are instead interpreted by courts and immigration authorities. This means that what qualifies as a CMT can vary depending on the case, and the interpretation can sometimes be subjective.
For this reason, it is crucial to have a knowledgeable attorney who understands the nuances of how courts view different types of offenses in the context of immigration law.
Role in Immigration Law
A conviction for a Crime of Moral Turpitude can have significant consequences under U.S. immigration law. Non-citizens, including visa holders, permanent residents, and undocumented individuals, may face various legal challenges if convicted of a CMT.
These challenges include being deemed inadmissible, facing deportation, or having a naturalization application denied. Understanding these risks is vital, and the assistance of a skilled attorney can make all the difference.
Common Examples of Crimes of Moral Turpitude
Common examples of crimes of moral turpitude typically include offenses involving dishonesty, such as fraud or embezzlement, as well as violent crimes like assault and domestic violence, all of which carry serious immigration consequences.
1. Crimes Involving Fraud or Deceit
Crimes that involve dishonesty or deceit, such as fraud, embezzlement, and perjury, are typically considered Crimes of Moral Turpitude. These offenses are inherently immoral because they involve an intentional attempt to mislead or defraud others for personal gain. Even minor fraud charges can lead to significant immigration consequences.
2. Crimes of Violence
Crimes that involve violence, particularly when there is an intent to harm others, are often classified as CMTs. Examples include assault with intent to harm, robbery, and domestic violence. The key factor in determining whether a violent crime qualifies as a CMT is often the intent behind the crime.
If the intent to cause harm is clear, immigration authorities may classify the crime as a CMT.
3. Theft and Property Crimes
Theft-related crimes, such as burglary, larceny, and shoplifting, are also commonly considered Crimes of Moral Turpitude, particularly when they involve the intent to unlawfully deprive someone of their property. Even petty theft, when done with the intent to steal, can result in serious immigration issues for non-citizens.
4. Sexual Offenses
Certain sexual offenses, including sexual assault or exploitation, are also classified as Crimes of Moral Turpitude. These offenses violate societal moral norms and carry severe immigration consequences, such as deportation and ineligibility for naturalization.
Immigration Consequences of a CMT Conviction
A conviction for a crime of moral turpitude (CMT) can lead to serious immigration consequences, including inadmissibility to the U.S., deportation for non-citizens, and disqualification from applying for visas, green cards, or U.S. citizenship.
1. Inadmissibility
One of the most immediate consequences of a conviction for a Crime of Moral Turpitude is inadmissibility. This means that an individual can be barred from entering the United States or may be denied a visa or green card. Even if you have lived in the U.S. for years, a CMT conviction can prevent you from re-entering the country after traveling abroad or applying for a change in immigration status.
2. Deportation (Removal)
If you are a non-citizen and are convicted of a Crime of Moral Turpitude, you may face deportation. Immigration authorities may initiate removal proceedings, particularly if you have multiple convictions or are convicted of a CMT within a certain time after being admitted to the U.S. Deportation can separate you from your family, job, and the life you have built in the United States.
3. Denial of Naturalization
To become a U.S. citizen, applicants must demonstrate “good moral character” for a specific period, usually five years, before applying for naturalization. A conviction for a Crime of Moral Turpitude can lead to the denial of a naturalization application, as it suggests the applicant does not meet this requirement.
Defenses and Waivers for CMT in Immigration Cases
Defenses and waivers for a conviction of a crime of moral turpitude (CMT) in immigration cases can include challenging the classification of the crime, applying for waivers of inadmissibility, or seeking cancellation of removal for certain qualifying individuals, depending on the specifics of the case and immigration status.
Challenging the Classification
Not every criminal conviction automatically qualifies as a Crime of Moral Turpitude. A skilled attorney can challenge whether your specific offense should be classified as a CMT, depending on the circumstances of your case.
Legal arguments and precedents may be used to show that your conviction does not meet the criteria for a CMT, which can help avoid the harsh immigration consequences.
Inadmissibility Waivers
In some cases, individuals who are deemed inadmissible due to a CMT conviction may qualify for a waiver. People who want to come to the U.S. with their family can get a waiver if they show that moving would be very difficult for their family member who is a U.S. citizen or a legal resident.
Cancellation of Removal
If you are facing deportation due to a CMT conviction, cancellation of removal may be an option. To qualify, you will need to meet specific criteria, such as showing that your removal would cause exceptional hardship to your U.S. citizen family members or that you have been continuously present in the U.S. for a certain period.
How an Immigration Lawyer Can Help
An immigration lawyer can help by assessing the details of your case, identifying potential defenses against a crime of moral turpitude (CMT) conviction, and navigating complex immigration procedures to apply for waivers or relief from deportation, protecting your immigration status.
1. Navigating the Legal System
At Nash Law, we understand the complexities of both criminal defense and immigration law. We can review your criminal record, examine how a conviction may impact your immigration status, and develop a strategy to protect your future. Navigating these two legal systems can be overwhelming, but we have the expertise to guide you every step of the way.
2. Building a Strong Defense
If you are facing charges for a Crime of Moral Turpitude, we can help build a strong defense to challenge the charges, negotiate with prosecutors, and minimize the immigration consequences. We understand the importance of a strategic approach, especially when your ability to remain in the country is at stake.
3. Avoiding Immigration Consequences
Our goal is to help you avoid deportation, inadmissibility, or denial of naturalization by providing the best legal representation possible. Whether through a plea deal, challenging the classification of a CMT, or pursuing waivers, we will work tirelessly to protect your immigration status.
Contact an Experienced Immigration Lawyer to Help With Your Case
Crimes of Moral Turpitude can have far-reaching consequences for non-citizens, affecting their ability to remain in the U.S., travel, and even become naturalized citizens. Understanding the impact of a CMT conviction is crucial, and having an experienced attorney on your side can make all the difference.
If you are facing charges for a Crime of Moral Turpitude or have already been convicted and are concerned about your immigration status, contact Nash Law at 615-NASH-LAW. We are here to help you navigate the legal system and protect your rights. Schedule a consultation today to discuss your case and explore your options.