As will be discussed in Chapter Five, a conviction for a CIMT can be grounds for inadmissibility. For example, someone seeking LPR status, or who needs to show good moral character for a citizenship application, faces a bar to those immigration benefits if she has convictions for a CIMT. There is an exception to this rule, however for a crime shown to be a "petty offense." To qualify for the petty offense exception, a noncitizen must show three things.

First, he must show that the sentence imposed was not "in excess of six months." Keep in mind that "sentence imposed" includes suspended time.

Second, the noncitizen must show that she has committed only one offense involving moral turpitude. Finally, the offense must have a maximum possible penalty of not more than one year.

2. Crimes Involving Moral Turpitude (CIMT) as Grounds for Deportation

A single conviction for a CIMT can be grounds for deportation if the offense was committed within five years of admission and the offense has a maximum possible sentence of one year or more (regardless of whether any sentence is ever actually imposed).⁹³ Thus, failure to appear pfenses such as bail jumping under RCW 9A.76.170 will constitute an aggravated elony where the underlying charge is a Class C offense or greater (or any other offense carrying a maximum possible sentence of two years or more).

Conviction for failure to appear (FTA) to serve a sentence of five years or more is an aggravated felony, as is conviction for failure to appear before court pursuant to court order to answer to or dispose of a charge of a felony for which a sentence of two years imprisonment or more may be imposed.

An aggravated felony includes “an offense described in section 1962 of Title 18 (relating to RICOs), or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses), for which a sentence of one year imprisonment or more may be imposed” ⁹⁵ Note that there is no requirement that any particular sentence is actually imposed.

⁹³ 8 USC § 1227(a)(2)(A)(i); INA 237(a)(2)(A)(i).

⁹⁴ 8 USC § 1101(a)(43)(Q), (T); INA § 101(a)(43)(Q), (T).

⁹⁵ 8 USC § 1101(a)(43)(J); INA § 101(a)(43)(J).