Crimes Involving Moral Turpitude, a broad overview
There are so many questions and issues related to crimes involving moral turpitude (CIMT) posted on British Expats, I thought it might be helpful to write an article about CIMT. I assume that British citizens are not interested in CIMT because they are more prone to commit them but rather because the language from the I-94W (visa waiver landing card) makes use of the Visa Waiver Program problematic for persons who have been convicted of, or given police warning about, certain crimes.
Everyone wants to argue or reason their way out of schlepping down to Grosvenor Square to apply for a B-1/B-2 visa. I don't blame anyone for wanting to avoid this ordeal. Still, the law is what it is, and the Visa Waiver Program is not for everyone. The I-94W Arrival-Departure Control Card asks, in pertinent part, “Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance....” Those seeking to enter with no visa and avoid a stressful and expensive trip to the AmEmb at Grosvenor Square often wonder whether the I-94W’s poorly-written question applies to them. I have written this little summary to address some of the most common questions. Please note that this discussion is NOT dispositive of all the questions. In “close call” types of cases, the analysis can break down, and readers should NOT rely on this article to become their own lawyers when faced with a rabid border guard. This article does NOT constitute legal advice; it provides an overview of some points of law. No more. The CIMT Restriction on Entry to the USA. Persons who have been convicted of a CIMT, or who admit to having committed a CIMT, or who admit committing the acts that make up the elements of a CIMT, are all inadmissible to the USA. If an alien has such a conviction or admits to having commited such acts to a US consular officer or Department of Homeland Security official (e.g., border guards), the alien is excludable from entry to the USA. (I will not address here what constitutes a conviction or an admission, but each of these issues could sustain pages of legal scholarship.) The Petty Offense Exception. There is a “petty offense” exception. If the conviction was for a petty offense, the alien may still be admissible. A petty offense is defined as one in which (a) the maximum possible penalty for the crime did not exceed imprisonment for one year and (b) the alien was not sentenced to a term of imprisonment in excess of six months -- whether the sentence was ultimately executed or served or not. The petty offense exception is not available if more than one CIMT offense was committed or admitted. Juvenile Crimes Involving Moral Turpitude. Broadly speaking, there is no CIMT restriction on someone whose only crime was a CIMT committed while the perpetrator was under the age of 18 and if the crime was committed more than 5 years prior to the date that the alien applies to enter the USA or apply for a visa. If the perpetrator was imprisoned, s/he must have been released more than 5 years prior to the application for admission to the USA or application for a visa. So what is a CIMT? A CIMT “refers generally to conduct which is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owned between persons and society in general.... Moral turpitude has been defined as an act which is per se morally represensible and intrinsically wrong.” When I was in law school, and it was fun to reduce these things to latin phrases, such crimes were called malum in se, or bad in and of themselves. Now, before the budding lawyers among you leap to parse the previous paragraph and define your way out of your quandry -- “I’ve done nothing base, vile, or depraved” -- note that a CIMT is malum in se because of the specific nature of the crime. The individual facts and circumstances of a particular case do not affect the classification of a crime as CIMT. Also, the seriousness of the offense and the harshness of the sentence imposed on the offender have nothing to do with whether the crime is CIMT. In other words, it has nothing to do with whether YOU think the crime is “bad enough” to rise to the level of a CIMT. That determination is made by judges. Crimes against the Person. The following have been found by various courts and at various times to be crimes involving moral turpitude: assault, second degree or third degree assault with intent to rob or kill assault with a deadly weapon assault on a law enforcement officer failure to stop and render aid after being involved in an auto accident battery, aggravated carrying a concealed weapon with intent to use child abuse child pornography communicating with a minor for immoral purposes spouse abuse aggravated stalking willful infliction of corporal injury on spouse, parent, or perpetrator’s child disorderly conduct (in certain limited circumstances) loitering for lewd purposes soliciting driving under the influence (aggravated), which includes drunk driving with knowledge that driver is without a valid license firearms discharge at occupied building or vehicle kidnapping mayhem murder and voluntary manslaughter manslaughter stemming from assault and battery accessory after the fact to murder attempted murder reckless manslaughter robbery threats or terrorists threats adultery bigamy lewdness oral sex failure to register as a sex offender statutory rape The following have been found by various courts and at various times NOT to be crimes involving moral turpitude: assault, simple assault and battery, simple assault on a police officer assault with intent to commit a felony attempted assault, where recklessness is an element battery, domestic child abandonment, attempted “simple” driving under the influence leaving the scene of an accident harassing telephone calls “simple” kidnapping malicious mischief manslaughter, involuntary reckless endangerment, attempted weapons possession bastardy fornication indecency mailing an obscene letter maintaining a nuisance contributing to the delinquency of a minor failure to register as a sex offender statutory rape vagrancy Crimes Against Property. The following have been found by various courts and at various times to be crimes involving moral turpitude: arson blackmail burglary counterfeit goods embezzlement extortion fraud illegal use of credit cards larceny possession of stolen property, with the knowledge it is stolen receipt of stolen property shoplifting stealing cellular air time theft securities fraud trespass (malicious) The following have been found by various courts and a various times NOT to be crimes involving moral turpitude: breaking and entering or unlawful entry, with no intent burglary (third degree), with no intent to deprive victim of property burglary, possession of tools to commit entry of goods by means of a false statement malicious destruction of property malicious mischief possession of stolen property, where guilty knowledge not an element joyriding theft of services unauthorized use of a vehicle There are also categories of crimes against government, crimes involving fraud, misprision of felony, and other crimes. You will notice upon reviewing those lists is that some crimes are shockingly on one list, instead of another. Even more distressing to me as an attorney who seeks clarity: some crimes are on both. You will also understand why I -- and other attorneys -- are reluctant to address CIMT questions, especially in open forum. The area is a quagmire, and frankly, giving (and accepting) legal advice about what to do in such an unclear area of law is quite beyond the wise use of an excellent website like British Expats. I will conclude by noting that, rightly or wrongly, well written or not, the I-94W’s language regarding persons who have committed crimes involving moral turpitude can snare many otherwise fine people. If you have run afoul of the law in any of these areas -- of if your offense resonates in these areas -- it might be prudent to seek legal counsel. A redundant reminder: This article does NOT constitute legal advice; it provides an overview of some points of law. No more. --J Craig Fong Los Angeles, CA |
Re: Crimes Involving Moral Turpitude, a broad overview
Hi everybody:
One little detail in J's quick list which tends to show the difficulty lawyers encounter. [It may also appeal to the purient interests of people]. Note that "statutory rape" is on BOTH lists of what is and what is not a crime involving moral turpitude. And the laws on statutory rape vary widely. For example, in Alaska the age of consent is 16 while in California it is 18. Both Alaska and California criminalize sexual intercourse with a person under the age of consent. Many states prescribe an age difference to constitute statutory rape. Not only do I put in the rubric of "I may be a lawyer, but I am not your lawyer" -- even if I was your lawyer, I would want to see the conviction records and dig up the statute/ordinance under which the conviction was had. On top of that, it is not all that uncommon the conviction is for a crime that does not necessarily include the actual act. For example, I had a client many years who told me she had two convictions for prostitution. I asked for the records. Both convictions were for "vagrancy -- when questioned unable to give an account for his self." It seems that the very nice city where my client originated [deliberately unnamed] had no specific ordinance prohibiting working girls from walking the street plying their trade. The conviction were revealed. No questions raised and green card granted. |
Re: Crimes Involving Moral Turpitude, a broad overview
Mods please sticky this as it will potentially help a lot of new posters and shouldnt get swallowed into the forums.
|
Re: Crimes Involving Moral Turpitude, a broad overview
How long ago was "oral sex" considered a crime involving moral turpitude? :)
|
Re: Crimes Involving Moral Turpitude, a broad overview
Originally Posted by JCraigFong
(Post 6745147)
The following have been found by various courts and at various times to be crimes involving moral turpitude:
oral sex |
Re: Crimes Involving Moral Turpitude, a broad overview
Originally Posted by MsElui
(Post 6745314)
shouldnt get swallowed
|
Re: Crimes Involving Moral Turpitude, a broad overview
The Board of Immigration Appeals found in 1977, in Matter of Leyva, 16 I&N Dec. 188 (BIA, 1977), that oral sex was a crime involving moral turpidude. This presupposes that oral sex was a crime at all in the jurisdiction involved. Please note that many states in the Bible Belt of the USA at one time criminalized oral sex, even as between married heterosexual couples.
Thus, if you are one who regularly partakes of this practice, and the jurisdiction in which you do it does NOT consider it to be a crime, then you have NOT committed a CIMT, nor even -- if you are prone to discussing your bedtime practices -- that you have admitted to the elements of the offense, because in YOUR jurisdiction, such activity is NOT a crime. Have I kept my scholarly, humorless, dead-pan face on? :rofl: |
Re: Crimes Involving Moral Turpitude, a broad overview
Originally Posted by JCraigFong
(Post 6745410)
The Board of Immigration Appeals found in 1977, in Matter of Leyva, 16 I&N Dec. 188 (BIA, 1977), that oral sex was a crime involving moral turpidude. This presupposes that oral sex was a crime at all in the jurisdiction involved. Please note that many states in the Bible Belt of the USA at one time criminalized oral sex, even as between married heterosexual couples.
Thus, if you are one who regularly partakes of this practice, and the jurisdiction in which you do it does NOT consider it to be a crime, then you have NOT committed a CIMT, nor even -- if you are prone to discussing your bedtime practices -- that you have admitted to the elements of the offense, because in YOUR jurisdiction, such activity is NOT a crime. Have I kept my scholarly, humorless, dead-pan face on? :rofl: But no, I did detect a hint of non-scholarly humor in that last bit :D |
Re: Crimes Involving Moral Turpitude, a broad overview
Originally Posted by Marocco
(Post 6745347)
How long ago was "oral sex" considered a crime involving moral turpitude? :)
|
Re: Crimes Involving Moral Turpitude, a broad overview
Originally Posted by clarissageo
(Post 6746645)
It should be a crime - it is immoral to expect us to do that!! ;)
|
Re: Crimes Involving Moral Turpitude, a broad overview
Originally Posted by JCraigFong
(Post 6745147)
There are so many questions and issues related to crimes involving moral turpitude (CIMT) posted on British Expats....
|
Re: Crimes Involving Moral Turpitude, a broad overview
Originally Posted by JCraigFong
(Post 6745410)
Thus, if you are one who regularly partakes of this practice, and the jurisdiction in which you do it does NOT consider it to be a crime, then you have NOT committed a CIMT, nor even -- if you are prone to discussing your bedtime practices -- that you have admitted to the elements of the offense, because in YOUR jurisdiction, such activity is NOT a crime
|
Re: Crimes Involving Moral Turpitude, a broad overview
Originally Posted by fatbrit
(Post 6746805)
Smoking weed in NL?
The article is about Crimes Involving Moral Turpitude. |
Re: Crimes Involving Moral Turpitude, a broad overview
Originally Posted by Folinskyinla
(Post 6746919)
Hi:
The article is about Crimes Involving Moral Turpitude. |
Re: Crimes Involving Moral Turpitude, a broad overview
Originally Posted by fatbrit
(Post 6746927)
Thought the article was about stuff that causes you to be denied entry to the US. But be pedantic if you want.
Of course I am being pedantic! That is a theme in any discussion about US Immigration law and criminal offenses. However, in relation to drug related offenses you do make a valid point: J mentioned that if it is not a crime where the act was committed, there is no CIMT. You posited a slightly different situation where an act is a crime, albeit one never prosecuted as a matter of public policy. I would agree with you that the language of the I-94W would make smoking of week in the NL problematical. |
All times are GMT. The time now is 12:14 pm. |
Powered by vBulletin: ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.