Crimes of Moral Turpitude
The Immigration and Nationality Act defines crimes of moral turpitude as any act that is contrary to justice, honesty, or good morals. These offenses encompass acts of fraud, moral corruption, or depravity that violate the ethical responsibilities owed to fellow citizens and society as a whole, regardless of whether they are punishable as crimes.
Individuals who have been convicted of or admit to a crime of moral turpitude are not admissible to the United States.
Aggravated Felonies
Aggravated felonies are crimes that are serious in nature and carry particularly harsh immigration consequences. These may include:
- Murder and violent crimes with sentences of at least one year
- Sexual abuse of a minor
- Drug offenses
- Explosives or firearms trafficking
- Money laundering
- Theft or burglary offenses with sentences of at least one year
Aggravated felony convictions are particularly problematic because they severely limit available relief options and can result in permanent bars to re-entry.
Waivers and Relief Options
The 212(h) Waiver
A 212(h) waiver can provide relief for some individuals with criminal convictions. This waiver may be granted by the United States Citizenship and Immigration Services (USCIS) if the applicant establishes that:
- The criminal activity occurred more than 15 years before applying
- Admission to the United States would not be contrary to national welfare, safety, or security
- The individual has been rehabilitated
Waiver Limitations
Under the Immigration and Nationality Act, an immigrant waiver is available for many crimes. However, no waivers are permitted for:
- Murder
- Criminal acts involving torture
- Drug trafficking offenses
The Critical Importance of Honesty
Transparency is Essential
It is important to note that not every crime on a person's criminal record makes that person inadmissible to the United States. However, failing to disclose any criminal history, no matter how minor, can result in severe long-term consequences.
Consequences of Dishonesty
If a person is caught lying on a visa or green card application, he is ineligible for virtually all future immigration benefits in the United States. This permanent bar can be more devastating than the underlying criminal conviction itself.
Protect Your Future Through Professional Guidance
If you have a criminal record and are seeking to move forward in any part of the immigration process, it is important to get help from a qualified immigration lawyer who can advise you. At Green Evans-Schroeder, we understand how complicated immigration matters can become when you have a criminal history. Our attorneys have experience in immigration courts and are committed to providing comprehensive support throughout the process.
Whether you are facing deportation proceedings or hoping to build a better life for your family in the United States, we are here to help you. Contact Green Evans-Schroeder today for a consultation.
