A Crime Involving Moral Turpitude
DETAILS: Alien is inadmissible (under this ground) only if:
1. Crimes of Moral Turpitude (CMT)
2. Purely political offense
FILING DATE RESTRICTIONS: None.
1. Under INA 212(a)(2)(A)(ii)(I) – Alien who committed only one crime if:
2. Under INA 212(a)(2)(A)(ii)(II) – Alien who committed only one crime if:
- the crime was committed when the alien was under 18 years of age, and
- the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or admission to U.S.
- the maximum penalty possible for the crime did not exceed imprisonment for one year (even if the alien was not sentenced) and
- the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
1. Under INA 212(h)(1)(A) – If:
2. Under INA 212(h)(1)(B) – If:
- the activities for which the alien is inadmissible (under this ground) occurred more than 15 years before the date of the alien's application,
- the admission to the U.S. of such alien would not be contrary to the national welfare, safety, or security of the U.S., and
- the alien has been rehabilitated.
3. Under INA 212(h)(2) – Terms, conditions and controls, if any, are in discretion of INS.
- the alien is a spouse, parent, son, or daughter of a U.S. citizen or permanent resident and
- the beneficiary's denial of admission would result in extreme hardship to the U.S. citizen or permanent resident spouse, parent, son, or daughter.
NO SPECIFIC WAIVER:
Under INA 212(h)(2) –
1. If the criminal acts involve murder or torture.
COURT JURISDICTION: Under INA 212(h)(2) – No court shall have jurisdiction to review INS decision to grant or deny waiver.
- the alien has previously been lawfully admitted to the U.S. for permanent residence and
- since the date of such admission the alien has been convicted of an aggravated felony or
- the alien has not lawfully resided continuously in the U.S. for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the U.S.