INADMISSIBILITY

Grounds. Waivers

A Crime Involving Moral Turpitude

CLASSIFICATION:

Under INA 212(a)(2). Criminal and related grounds.

Under INA 212(a)(2)(A). Conviction of certain crimes.

Under INA 212(a)(2)(A)(i). In general.

Under INA 212(a)(2)(A)(i)(I). A crime involving moral turpitude.

BRIEF DESCRIPTION: The beneficiary has committed acts which constitute the essential elements of a Crime involving Moral Turpitude (CMT) or an attempt or conspiracy to commit such a crime.

DETAILS: Alien is inadmissible (under this ground) only if:

the crime is other than a purely political offense and
the alien either is convicted of, or admits of having committed, or admits committing the above acts.

DEFINITIONS:

1. Crimes of Moral Turpitude (CMT)

2. Purely political offense
FILING DATE RESTRICTIONS: None.
EXCEPTIONS:
1. Under INA 212(a)(2)(A)(ii)(I) – 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.

2. Under INA 212(a)(2)(A)(ii)(II) – Alien who committed only one crime if:

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).

SPECIFIC WAIVERS:
1. Under INA 212(h)(1)(A) – 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.

2. Under INA 212(h)(1)(B) – If:

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.

3. Under INA 212(h)(2) – Terms, conditions and controls, if any, are in discretion of INS.
NO SPECIFIC WAIVER:
Under INA 212(h)(2) –
1. If the criminal acts involve murder or torture.
2. If:

the alien has previously been lawfully admitted to the U.S. for permanent residence and

either:

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.

COURT JURISDICTION: Under INA 212(h)(2) – No court shall have jurisdiction to review INS decision to grant or deny waiver.
GENERAL WAIVERS

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