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What is a Crime of Moral Turpitude Deportation?
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What is a Crime of Moral Turpitude Deportation?
If you’re not a U.S. citizen, committing a crime of moral turpitude can get you deported. This basically means your crime was bad enough that the government sees you as morally questionable. But what exactly is a crime of moral turpitude? And how does it lead to deportation?
Defining Moral Turpitude
There’s no standard legal definition, but crimes of moral turpitude are generally those that:
- Are done intentionally
- Involve some kind of evil intent or depravity
- Shock society’s moral conscience
Common examples include fraud, theft, and sex crimes. DUI or minor assault probably wouldn’t count. Basically if your crime was really bad, it could be a crime of moral turpitude.
Facing Deportation
If you’re convicted of a crime of moral turpitude, the U.S. can deport you in two main cases:
- Committed within 5 years of admission – If your crime happened within the first 5 years after you were legally admitted to the U.S., you can be deported no matter the sentence.
- Sentenced to a year or more – If your crime happened after 5 years of admission, you can still be deported if you were sentenced to a year or more in prison (even if the sentence was suspended).
There are a few exceptions, like if you’ve been a legal permanent resident for over 10 years. But generally moral turpitude + conviction = possible deportation.
The Process
If convicted of a qualifying crime, ICE starts removal proceedings in immigration court. You’ll have to prove you deserve to stay despite the crime. This involves showing positive factors like:
- Longtime lawful residence
- Family ties in the U.S.
- History of employment
- Rehabilitation efforts
| Positive Factors | Negative Factors |
|---|---|
| Longtime lawful resident | Serious criminal record |
| Close family in the U.S. | Other immigration violations |
| History of steady employment | Lack of rehabilitation |
If the positives outweigh the negatives, you may get to stay. But it’s a tough process with no guarantees. Having an experienced immigration lawyer is crucial.
Seeking a Waiver
Another option is to apply for a waiver before your conviction, essentially asking the government to forgive the deportation consequences. There are different kinds of waivers available depending on your specific case. Common options include:
- 212(h) waiver – Requires showing extreme hardship to family if deported
- Cancellation of removal – Requires meeting strict good moral character standards
- INA § 212(c) – Allows waiving crimes from pre-1996, requires balancing positive and negative factors
The requirements for these waivers are complex. And even if you qualify, approval is still discretionary for the government. So having an attorney well-versed in deportation waivers is extremely helpful.
Takeaways
The bottom line is that crimes of moral turpitude often trigger deportation proceedings. The specifics get complicated fast with things like qualifying crimes, exceptions, and waivers. If you’re a non-citizen facing criminal charges, consult an attorney right away to understand the potential immigration consequences. An experienced lawyer can help build the strongest case to fight deportation and keep your life in the U.S.
Resources
For more on moral turpitude deportation, check out these links: