Initial Summary
An arrest can destroy an immigration case in a matter of hours. It does not matter if it was a misunderstanding, if you pleaded guilty to "get out quickly" from the courthouse, or if your criminal attorney never asked about your immigration status. In immigration, what matters is not the common name of the offense, but the criminal statute under which you were convicted. This article explains what moral turpitude (CIMT) means, when a crime makes you deportable or inadmissible, and why an expunged record does not save you before USCIS.
The intersection of criminal law and immigration law is one of the most complex and misunderstood areas of the legal system in the United States. Every year, thousands of people lose their chances of obtaining residency, citizenship, or any immigration benefit because they committed — or pleaded guilty to — an offense without understanding the immigration consequences.
The problem is not always the offense itself. Often it is the way the criminal case was resolved. A criminal defense attorney who does not understand immigration can accept a plea deal that looks favorable in criminal court but automatically triggers deportation.
If you have any contact with the criminal justice system and you are not a U.S. citizen, you need to understand how this system works before making any decision in your criminal case.
What Moral Turpitude Means in Immigration
CIMT stands for Crime Involving Moral Turpitude. There is no closed list of which crimes qualify, but the concept generally includes conduct that is inherently vile, depraved, or contrary to accepted rules of morality.
- Fraud (bad checks, identity theft, government fraud, tax fraud)
- Theft with intent to permanently deprive the owner of their property
- Assault with intent to cause serious harm
- Sexual offenses
- Certain drug offenses depending on the statute
An immigration judge applies what is known as the "categorical approach" — analyzing the elements of the statute, not the facts of the case. This means that even if your actual conduct was not serious, if the statute under which you were convicted includes elements of moral turpitude, the immigration system will treat you as if it were.
When a Crime Makes You Deportable and When It Makes You Inadmissible
These are two distinct categories with different consequences. Understanding the difference is fundamental.
Deportability (INA § 237)
Applies to people who are already inside the United States, including permanent residents. You become deportable if:
- You commit a CIMT within the first 5 years after admission and the maximum possible sentence is more than 1 year.
- You commit two or more CIMTs at any time (regardless of when).
- You commit an "aggravated felony" as defined by immigration law.
- You commit certain drug offenses (except simple possession of less than 30 grams of marijuana in some contexts).
- You commit domestic violence crimes, stalking, or violation of a protective order.
Inadmissibility (INA § 212)
Applies when you apply for entry, visa, adjustment of status, or any immigration benefit. You are inadmissible if:
- You were convicted or admit to having committed a CIMT (with limited exceptions).
- You have any conviction for controlled substances.
- You have multiple convictions with aggregate sentences of 5 years or more.
- There is reason to believe you are a drug trafficker.
- You committed fraud or material misrepresentation to obtain an immigration benefit.
Categories of Crimes That Create Immigration Problems
Below we present the most common categories of crimes that affect immigration cases. Each one has its nuances.
Fraud
Includes check fraud, credit card fraud, identity theft, tax fraud, government benefit fraud, and immigration fraud. Almost always qualifies as CIMT because it involves intentional deception. Even small amounts can have serious consequences.
Theft and larceny
Theft is generally CIMT if the statute requires intent to permanently deprive the owner. Petty theft (shoplifting) may or may not be CIMT depending on the state and the exact statute. The difference between a misdemeanor and a felony is not what determines the immigration impact.
Violence and assault
Simple assault is generally not CIMT. But aggravated assault, assault with a weapon, or assault with intent to cause serious harm is. Domestic violence has its own category in immigration law and can make you deportable regardless of the CIMT analysis.
Sexual offenses
Nearly all sexual offenses are CIMT. Many also qualify as "aggravated felonies" for immigration purposes. Convictions for sexual offenses are extremely difficult to overcome in the immigration context.
Drugs
Any conviction for controlled substances makes you inadmissible, with the possible exception of simple possession of less than 30 grams of marijuana (first offense). For deportability, the rules are slightly different. Be careful with marijuana: even though it may be legal in your state, it remains illegal at the federal level and for immigration purposes.
DUI (Driving Under the Influence)
A simple DUI is generally NOT CIMT. But a DUI with aggravating factors (suspended license, accident with injuries, minors in the vehicle, multiple DUIs) can become a serious immigration problem. Additionally, DUI can affect "good moral character" determinations needed for citizenship, cancellation of removal, and other benefits.
Petty Offense Exception and Other Scenarios
Not all is lost if you have a CIMT. The law includes an important exception known as the "petty offense" exception.
Requirements for the petty offense exception
- It was your only crime involving moral turpitude.
- The maximum possible penalty for the offense does not exceed 1 year in jail.
- The sentence imposed was no more than 6 months in jail.
- You have no other CIMT (not even an attempt).
Youthful offender exception
If you committed the CIMT when you were under 18 and more than 5 years have passed since the conviction or release, you may be exempt from inadmissibility. But this exception has different interpretations depending on the judicial circuit.
Single conviction
If you only have one CIMT conviction and it was committed more than 5 years after your admission to the U.S., and the maximum possible penalty was 1 year or less, you may not be deportable. But you remain potentially inadmissible if you apply for a benefit.
What NOT to Do If You Were Arrested
The first decisions after an arrest are the most critical for your immigration future. These are the mistakes you cannot make:
Do not plead guilty without consulting an immigration attorney
The plea deal that looks "good" in criminal court can be catastrophic for immigration. Even a misdemeanor with probation can make you deportable or inadmissible.
Do not assume your criminal attorney understands immigration
The Supreme Court in Padilla v. Kentucky (2010) ruled that criminal attorneys have an obligation to advise non-citizen clients about immigration consequences. But in practice, many do not.
Do not speak with ICE agents without an attorney
After an arrest, ICE may issue a detainer. Do not sign anything or make statements without legal representation.
Do not ignore the criminal case thinking it is "not serious"
An outstanding arrest warrant for failure to appear can enormously complicate a future immigration case. Resolve every criminal case with immigration strategy in mind.
Do not just look for the cheapest attorney
Coordination between a criminal attorney and an immigration attorney is essential. The plea deal must be designed considering both areas of law simultaneously.
Sealed or Expunged Record: Does It Disappear for Immigration?
This is one of the most dangerous beliefs that exists. The short answer is: no, a sealed or expunged record does not disappear for immigration.
Under federal immigration law, a conviction remains a conviction even if it has been expunged under state law. USCIS and immigration judges can see and consider these convictions.
The only limited exception is under the Federal First Offender Act (FFOA) for certain simple drug possession offenses. If your case was deferred under a state equivalent of the FFOA, it may not count as a conviction for immigration. But this exception is very specific.
The same applies to juvenile records that were sealed. Although they no longer exist at the state level, immigration can access them and use them in their analysis.
Frequently Asked Questions About Crimes and Immigration
PDoes an arrest without a conviction affect my immigration case?
An arrest without a conviction generally should not make you deportable or inadmissible. However, USCIS can consider the underlying conduct in certain determinations, such as good moral character. Additionally, if you admitted the elements of the crime during the arrest, that could count as an "admission" for inadmissibility purposes.
PCan I be deported for a misdemeanor?
Yes. The distinction between misdemeanor and felony belongs to state law. Immigration law has its own categories. A misdemeanor involving moral turpitude, drugs, domestic violence, or that qualifies as an aggravated felony under the federal definition can make you deportable.
PIf my citizen spouse petitioned for me, am I protected from deportation for a crime?
No. Having an approved family petition does not protect you from deportation if you commit a deportable offense. In fact, the crime can prevent you from adjusting status and make you inadmissible, closing the door on the benefit your spouse applied for.
PDoes legal recreational marijuana in my state affect me for immigration?
Yes. Marijuana remains a controlled substance at the federal level. Admitting marijuana use, having a medical marijuana card, or working in the cannabis industry can make you inadmissible before USCIS, even if you were never arrested.
PDo I need a criminal attorney and an immigration attorney at the same time?
Ideally, yes. Or at least a criminal attorney working in coordination with an immigration attorney. The plea deal in the criminal case must be designed with immigration consequences in mind. An agreement that avoids jail but makes you deportable is not a good deal.
Conclusion
A criminal offense can close immigration doors that took years to open. But with the right strategy — coordination between criminal and immigration attorneys, analysis of the exact statute, and planning from the very first moment — many cases can be managed to minimize or eliminate immigration consequences.
If you have an open criminal case, a recent arrest, or a record that concerns you, do not wait until your USCIS appointment to discover the problem. Consult now.
Consult with an Attorney NowSources Cited
- INA § 212(a)(2) – Inadmissibility Based on Criminal Conduct
- INA § 237(a)(2) – Deportability Based on Criminal Conduct
- Padilla v. Kentucky, 559 U.S. 356 (2010)
- USCIS Policy Manual – Volume 12, Part F: Adjudication of Criminal Convictions
- American Immigration Lawyers Association (AILA) – Criminal Immigration Guide
