Immigration Crimes of Moral Turpitude

LegalMatch Law Library Managing Editor, , Attorney at Law

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Your immigration visa has been denied because of Moral Turpitude. You likely have at least two questions: What exactly is moral turpitude? And why does it apply to me?

Moral what?

In the context of immigration and deportation cases, the “powers that be” (aka the ones who decide your fate on these issues) be they Foreign Service Officers, Judges, or case administrators, will often reject immigration applications or approve deportation declarations based on something referred to as Moral Turpitude.

The formal definition of Moral Turpitude

According to Merriam Webster's Dictionary, Moral means “of or relating to principles of right and wrong in behavior,” while Turpitude means “inherent baseness or depravity.”

When you combine the two terms, the legal definition becomes: conduct considered contrary to social standards, conduct that exhibits a lack of honesty, good morals or a sense of justice. Crimes of moral turpitude are intentionally or inherently evil and considered vile by society at large.

What does Moral Turpitude mean in practical terms?

Crimes which the immigration courts' believe exhibit moral turpitude include violent crimes like rape, sexual assault, solicitation, prostitution, or murder. However, this list also includes nonviolent crimes like robbery, forgery, and fraud.

On its face, the phrase Moral Turpitude seems to encompass a large portion of the penal code, so if you’ve ever been convicted of a crime you will likely find yourself on the wrong side of an immigration officer.  So what does moral turpitude mean in practical terms?  It means that the nature of the crime itself is against societal standards, and that a non-citizen who commits such a crime may be determined inadmissible to the U.S., or in some cases, subject to removal. 

What crimes, if any, are not categorized as Moral Turpitude violations?

Although it may seem like every crime, even the most minor misdemeanor, will stick you with that label for life, not every crime falls under this category. Although the exact number of crimes varies by jurisdiction, crimes like fighting, simple assault or public drunkenness are generally not considered crimes which fall into the Moral Turpitude category.

Do I need an Immigration lawyer?

If you have a past criminal history, an attorney can help you determine whether or not Moral Turpitude will be an issue for you in your quest to immigrate to America, or in your fight against deportation or removal from America. Remember, not every crime falls under this label, so don’t lose hope. Speak with a knowledgeable immigration attorney to find out how your criminal history might affect your chances.

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Last Modified: 05-17-2012 02:19 PM PDT

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