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Crimes of Moral Turpitude

9 FAM 302.3-2 (U) CRIMES INVOLVING MORAL TURPITUDE - INA 212(A)(2)(A)(I)(I)

9 FAM 302.3-2(A) (U) Grounds


(CT:VISA-1350; 08-27-2021)


(U) In general, applicants who have been convicted of, or admit to commission of, certain statutory offenses that involve moral turpitude, whether under U.S. law or foreign law, are ineligible under INA 212(a)(2)(A)(i)(I). See 9 FAM 302.3-2(B)(4) below for guidance on what constitutes a legally valid admission.
9 FAM 302.3-2(B) (U) Application
9 FAM 302.3-2(B)(1) (U) Applying INA 212(a)(2)(A)(i)(I)
(CT:VISA-1797; 07-12-2023)

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a. (U) Determining Ineligibility: When adjudicating a visa application for an applicant whom you have reason to believe has committed a crime involving moral turpitude, you must determine whether: (1) (U) The offense committed involves moral turpitude (see 9 FAM 302.3-2(B)(2) below) ; (2) (U) The applicant has been convicted (see 9 FAM 302.3-2(B)(3) below); and/or (3) (U) The applicant has admitted or may admit that they have committed acts which constitute the essential elements of a crime (see 9 FAM 302.3-2(B)(4) below for guidance on legally valid admissions). b. (U) Exceptions to Ineligibility: Certain statutory exceptions may prevent a determination of INA 212(a)(2)(A)(i)(I) ineligibility resulting from a conviction for a crime involving moral turpitude. These exceptions generally do not apply to other ineligibilities that may result from the same conviction , for example INA 212(a)(2)(C)(i) or INA 212(a)(3)(B).

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b. (U) Exceptions to Ineligibility: Certain statutory exceptions may prevent a determination of INA 212(a)(2)(A)(i)(I) ineligibility resulting from a conviction for a crime involving moral turpitude. These exceptions generally do not apply to other ineligibilities that may result from the same conviction , for example INA 212(a)(2)(C)(i) or INA 212(a)(3)(B).


These INA 212(a)(2)(A)(i)(I) exceptions relate to:

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  1. (U) Crimes that fall under the "sentencing exception" (see 9 FAM 302.3-2(B)(6) below);

  2. (U) Crimes committed before age 18 ( see 9 FAM 302.3-2(B)(7) and 9 FAM 302.3-2(B)(8) below); and

  3. (U) Certain purely political offenses and convictions (see 9 FAM 302.3-2(B)(9) bellow )

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c. (U) Use of the Exceptions to Quickly Determine Lack of INA 212(a)(2)(A)(i)(I) Ineligibility in Some Cases: In some cases where it may be difficult to determine whether the crime in question is a crime involving moral turpitude (CIMT), it may be more efficient to determine if any of the exceptions would apply regardless of whether the crime is a CIMT or not. For example, if you already know that the sentencing exception will apply, or if the crime was committed when the applicant was younger than 18 years of age (see 9 FAM 302.3-2(B)(1) paragraph b above), you may be able to rule out a potential INA 212(a)(2)(A)(i)(I) ineligibility regardless of whether the crime is a true CIMT. 9 FAM 302.3-2(B)(2) (U) Defining Moral Turpitude (CT:VISA-1797; 07-12-2023)

 

a. (U) Evaluating Moral Turpitude Based Upon Statutory Definition of Offense and U.S. Standards:To render an applicant ineligible under INA 212(a)(2)(A)(i)(I), the conviction or admission must be for a statutory offense which involves moral turpitude. The presence of moral turpitude is determined by the nature of the statutory offense for which the applicant was convicted, particularly in the wording of the specific law that the applicant was convicted under, and not by the acts underlying the conviction. Therefore, evidence relating to the underlying act, including the testimony of the applicant, is not relevant to a determination of whether the conviction involved moral turpitude except when the statute is divisible (see 9 FAM 302.3-2(B)(5) below) or a political offense (see 9 FAM 302.3-2(B)(9) below). The presence of moral turpitude in a statutory offense, whether a U.S. state law, U.S. Federal law, or a foreign law, is determined according to U.S. Federal law.

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b. (U) Defining Moral Turpitude: Statutory definitions of crimes in the United States consist of various components, which must be met before a conviction can be supported. Some of these components have been determined in previous judicial or administrative decisions to involve moral turpitude. A conviction for a statutory offense will involve moral turpitude if one or more of the parts of that offense have been determined to involve moral turpitude. The most common offenses involving moral turpitude include:

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  1. (U) Fraud;

  2. (U) Larceny; or

  3. (U) Intent to harm persons or things.

    c. (U) Common Crimes Involving Moral Turpitude: Categorized below are some of the more common crimes involving moral turpitude. Each category is followed by a separate list of related crimes, which are often held not to involve moral turpitude. These lists are not meant to be exhaustive and will not encompass every CIMT. If you have a question as to whether a section of law, foreign or domestic, is a CIMT, submit an AO request to your usual L/CA liaison.

 

(1) (U) Crimes Committed Against Property:


(a) (U) Most crimes committed against property that involve moral turpitude include the element of fraud. The act of fraud involves moral turpitude if it is aimed against either individuals or the government. Fraud generally involves:

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(b) (U) Other crimes committed against property involving moral turpitude involve an inherently evil intent. The following list comprises crimes frequently committed against property, which may generally be held to involve moral turpitude:

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  • (U) Making false representation;

  • (U) Knowledge of such false representation by the perpetrator;

  • (U) Reliance on the false representation by the person defrauded;

  • (U) An intent to defraud; and

  • (U) The actual act of committing fraud

  • (U) Arson;

  • (U) Blackmail;

  • (U) Burglary;

  • (U) Embezzlement;

  • (U) Extortion;

  • (U) False pretenses;

  • (U) Forgery;

  • (U) Fraud;

  • (U) Larceny (grand or petty);

  • (U) Malicious destruction of property;

  • (U) Receiving stolen goods (with guilty knowledge);

  • (U) Robbery;

  • (U) Theft (when it involves the intention of permanent taking);

  • (U) Transporting stolen property (with guilty knowledge)

  • (U) Animal Fighting; and

  • (U) Credit card/Identity fraud;

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(c) (U) Crimes against property which generally do not fall within the definition of crimes involving moral turpitude include:

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  • (U) Damaging private property (where intent to damage is not required);

  • (U) Breaking and entering (if the statute does not require a specific or implicit intent to commit a crime involving moral turpitude);

  • (U) Passing bad checks (where intent to defraud is not required by the statute);

  • (U) Possessing stolen property (if guilty knowledge is not essential for a conviction under the statute);

  • (U) Joy riding (where the intention to take the vehicle permanently is not required under the statute); and

  • (vi) (U) Juvenile delinquency.

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(2) (U) Crimes Committed Against Governmental Authority:

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(a) (U) Moral Turpitude Crimes: Common crimes committed against governmental authority which generally fall within the definition of crimes involving moral turpitude include but are not limited to

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  • (U) Bribery;

  • (U) Counterfeiting;

  • (U) Fraud against revenue or other government functions;

  • (U) Mail fraud;

  • (U) Perjury;

  • (U) Harboring a fugitive from justice (with guilty knowledge); and

  • (U) Tax evasion (willful).

 

(b) (U) Crimes Without Moral Turpitude: Crimes committed against governmental authority, which would not constitute crimes involving moral turpitude, are, in general, violation of laws which are both regulatory in character and which do not involve the element of fraud or other evil intent. The following list assumes that the statutes involved do not require the showing of an intent to defraud, or evil intent:

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  • (U) Black market violations;

  • (U) Breach of the peace;

  • (U) Carrying a concealed weapon;

  • (U) Desertion from the Armed Forces;

  • (U) Disorderly conduct;

  • (U) Drunk or reckless driving (however, aggravated drunk driving may be a CIMT); (see 9 FAM 302.2-7(B)(3) below for guidance on alcohol-related arrests)

  • (U) Drunkenness;

  • (U) Escape from prison;

  • (U) Failure to report for military induction;

  • (U) False statements (not amounting to perjury or involving fraud);

  • (U) Firearms violations;

  • (U) Gambling violations;

  • (U) Liquor violations;

  • (U) Loan sharking;

  • (U) Lottery violations;

  • (U) Possessing burglary tools (without intent to commit burglary);

  • (U) Smuggling and customs violations (where intent to commit fraud is absent);

  • (U) Tax evasion (without intent to defraud); and

  • (U) Vagrancy.

 

(3) (U) Crimes Committed Against Person, Family Relationship, And Sexual Morality:

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(a) (U) Moral Turpitude: Crimes committed against the person, family relationship, and sexual morality, which are normally considered crimes involving moral turpitude include:

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(b) (U) No Moral Turpitude: Crimes committed against the person, family relationship, or sexual morality which are not normally found to be crimes involving moral turpitude include:

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  • (U) Abandonment of a minor child (if willful and resulting in the destitution of the child);

  • (U) Assault (this crime is broken down into several categories, which involve moral turpitude):

  • (U) Assault with intent to kill;

  • (U) Assault with intent to commit rape;

  • (U) Assault with intent to commit robbery;

  • (U) Assault with intent to commit serious bodily harm; and

  • (U) Assault with a dangerous or deadly weapon (some weapons may be found to be lethal as a matter of law, while others may or may not be found factually to be such, depending upon all the circumstances in the case. Such circumstances may include, but are not limited to, the size of the weapon, the manner of its use, and the nature and extent of injuries inflicted.);

  • (U) Bigamy;

  • (U) Contributing to the delinquency of a minor;

  • (U) Gross indecency;

  • (U) Incest (if the result of an improper sexual relationship);

  • (U) Kidnapping;

  • (U) Lewdness;

  • (U) Voluntary Manslaughter:

  • (U) Involuntary Manslaughter, where the statute requires proof of recklessness generally will involve moral turpitude. A conviction for the statutory offense of vehicular homicide or other involuntary manslaughter that only requires a showing of negligence will not involve moral turpitude even if it appears the defendant in fact acted recklessly.

  • (U) Mayhem;

  • (U) Murder;

  • (U) Pandering;

  • (U) Possession of child pornography;

  • (U) Prostitution; and

  • (U) Rape, including statutory rape.

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(c) As addressed in 9 FAM 302.3-2(B)(1) above, even if an applicant was convicted of or admitted to a CIMT, even a very serious crime, an INA 212(a)(2)(A)(i)(I) ineligibility may not always result, depending on a variety of factors including whether one of the "exceptions" apply. However, in cases where INA 212(a)(2)(A)(i)(I) does not apply, this does not automatically shield the arrest or conviction from other potential ineligibilities, such as INA 212(a)(1)(A) or even INA 212(a)(A)(i)(II).

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  • (U) Simple Assault (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly);

  • (U) Creating or maintaining a nuisance (where knowledge that premises were used for prostitution is not necessary);

  • (U) Incest (when a result of a marital status prohibited by law);

  • (U) Involuntary manslaughter (when only negligence is required for conviction);

  • (U) Libel;

  • (U) Mailing an obscene letter;

  • (U) Mann Act violations (where coercion is not present);

  • (U) Riot; and

  • (U) Suicide (attempted).

 

(4) (U) Intentional Distribution of Controlled Substances: The Board of Immigration Appeals has determined that in general, a conviction for the intentional distribution of a controlled substance or a conviction for drug trafficking is a crime involving moral turpitude. The mere possession or use of a controlled substance is not generally sufficient for INA 212(a)(2)(A)(i)(I) ("2A1") however it may result in an INA 212(a)(2)(A)(i)(II) ("2A2") ineligibility and/or an INA 212(a)(2)(C)(i) ineligibility. A typical drug statute that would constitute a crime involving moral turpitude is “possession with intent to distribute.” A conviction or legally valid admission is required for INA 212(a)(2)(A)(i)(I) ineligibility. Applicants may be found ineligible under both INA 212(a)(2)(A)(i)(I) and INA 212(a)(2)(A)(i)(II) and perhaps even under INA 212(a)(2)(C)(1) (which requires only that the “reason to believe” standard be met and does not require a conviction or even an arrest.) You should consider whether the applicant should be referred to the panel physician for an assessment of a possible ineligibility under INA 212(a)(1)(A)(iii) ("1A3") for a physical or mental disorder with behavior that may pose or has posed a threat to others' safety or property including substance-related disorders or INA 212(a)(1)(A)(iv) ("1A4") for drug abuse or addiction.

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d. (U) Attempts, Aiding and Abetting, Accessories, and Conspiracy:

(1) (U) The following types of crimes are also crimes involving moral turpitude:

  • (a) (U) An attempt to commit a crime involving moral turpitude;

  • (U) Aiding and abetting in the commission of a crime involving moral turpitude;

  • (U) Being an accessory (before or after the fact) in the commission of a crime involving moral turpitude; or

  • (U) Taking part in a conspiracy (or attempting to take part in a conspiracy) to commit a crime involving moral turpitude.

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(2) (U) Conversely, where an applicant has been convicted of, or admits having committed the essential elements of, a criminal attempt, or a criminal act of aiding and abetting, accessory before or after the fact, or conspiracy, and the underlying crime is not deemed to involve moral turpitude, then INA 212(a)(2)(A)(i)(I) would not be applicable.

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