A noncitizen triggers the CIMT ground of inadmissibility where he is convicted of one crime involving moral turpitude, whether before or after admission. Triggering this ground of inadmissibility will render him statutorily eligible for admission (or readmission) to the U.S., ineligible for permanent resident status (a.k.a. a greencard), and ineligible to establish good moral character (a requirement for citizenship as well as for certain other immigration benefits). There are two important exceptions to the rule.

If a noncitizen has committed only one moral turpitude offense ever, the offense carries a potential sentence of a year or less, and the “sentence imposed” was less than six months, the CIMT ground of inadmissibility automatically does not apply to him/her.

Example: Freia is married to a U.S. citizen and is about to apply for lawful permanent resident status when she is charged with second degree theft and has no prior CIMT convictions. Her prior conviction of drunk driving, as a non-CIMT offense, does not affect this analysis. Her defense counsel is able to negotiate a plea to attempted second degree theft with a sentence of 180 days imposed/179 suspended. Freia comes within the petty offense exception. She has committed only one CIMT, it has a potential sentence of a year or less, and the sentence imposed was one month. (For more information about calculating sentence imposed, see Chapter Three: Sentencing Strategies.) Thus, she will not trigger the CIMT inadmissibility ground when she applies for her greencard.

2. Youthful Offender Exception ¹⁵⁰

A disposition in juvenile delinquency proceedings is not considered a conviction and has no relevance to moral turpitude determinations. But persons who were convicted as adults for acts they committed while under the age of 18 can also benefit from the youthful offender exception. A noncitizen who committed only one CIMT while under the age of 18 ceases to be inadmissible as soon as five years have passed since the conviction or release from resulting imprisonment.

Example: Raoul was convicted as an adult for felony assault with a deadly weapon, based on an incident when he was 17. He was sentenced to a year and was released from imprisonment when he was 19 years old. He now is 24 years old. Unless and until he is convicted of another moral turpitude offense, he is not inadmissible for moral turpitude.

A noncitizen who makes a formal admission to officials of all of the elements of a CIMT is inadmissible even if there is no conviction. ¹⁵¹ This does not apply if the case was brought to criminal court but resolved in a disposition that is less than a conviction (e.g., charges dropped, conviction vacated).¹⁵² Counsel should avoid having clients formally admit to offenses that they are not charged with. This ground does not often come up in practice.

¹⁴⁸ 8 USC § 1182(a)(2)(A); INA § 212(a)(2)(A).

¹⁴⁹ 8 USC § 1182(a)(2)(A)(ii)(II); INA § 212(a)(2)(A)(ii)(II).

¹⁵⁰ 8 USC § 1182(a)(2)(A)(ii)(I); INA § 212(a)(2)(A)(ii)(I).

¹⁵¹ 8 USC § 1182 (a)(2)(A)(i); INA § 212 (a)(2)(A)(i).

¹⁵² See, e.g., Matter of CYC, 3 I. & N. Dec. 623 (BIA 1950) (dismissal of charges overcomes independent