How Do Crimes of Moral Turpitude Affect Immigration Status?

 Posted on September 20, 2023 in Immigration

There are many issues that can have an impact on a person’s immigration status. One of the most serious issues is criminal charges that involve crimes of moral turpitude (CMT). These types of crimes are those that are associated with an individual’s moral character and can result in an immigrant’s deportation. If you have been charged with a CMT, it is important to contact an experienced DuPage County immigration lawyer immediately.

What Are Crimes of Moral Turpitude?

There are a number of offenses that can be defined as crimes of moral turpitude; however, the one factor that all of these crimes have in common is that they involve morally reprehensible behavior or conduct. These crimes usually involve fraud, theft, violence, or other acts that reveal a lack of moral character on the part of the accused offender.

There are two main groups of CMTs:

• Crimes that involve dishonesty – These types of crimes include fraud, forgery, embezzlement, perjury, or any offense that involves deceit, dishonesty, or a deliberate intent to defraud others.

• Crimes involving violence – These types of crimes include assault, robbery, manslaughter, murder, or any offense that involves intentional harm to others and is seen as morally reprehensible.

Potential Impact Immigration Status

Being charged with a crime that the courts have deemed a CMT can be severe for a person who is in the United States as an immigrant. Consequences can involve:

• Deportation – One of the most significant consequences is the potential for deportation. If an immigrant is convicted of a CMT, they may be subject to removal proceedings and could face deportation from the country.

• Inadmissibility – CMTs can render individuals inadmissible to the United States, meaning they may be denied entry or re-entry into the country. This can apply to both visa applicants and green card holders.

• Immigration benefits – Convictions for CMTs can also impact an immigrant's ability to obtain certain immigration benefits, such as obtaining a visa, adjusting status to a lawful permanent resident, or naturalizing as a U.S. citizen.

Cancellation of Removal

In some cases, immigrants facing deportation due to CMTs may be eligible for relief from removal through a process known as cancellation of removal. However, this relief is not guaranteed and requires meeting specific criteria. This is why it is crucial to have an immigration attorney working on your case.

Contact an Illinois Immigration Lawyer

Determining whether a specific offense qualifies as a CMT and understanding its potential impact on immigration status requires a thorough legal analysis. The immigration consequences of CMTs can vary based on factors such as the type of crime, the immigrant's immigration status, and their personal circumstances.

If you have been charged with a crime, contact a DuPage County immigration attorney at Mevorah & Giglio Law Offices to determine what legal options you may have. Call 630-932-9100 today to schedule a free and confidential consultation.