What’s a Crime of Moral Turpitude According to U.S. Immigration Law?

Any foreign national convicted of a "crime of moral turpitude" (CMT) or "crime involving moral turpitude" (CIMT) faces immigration issues, as follows:

• Having a conviction for a CIMT on one's record—or in some cases, just admitting to the crime—can block one's application for a visa or green card. (See Crimes That Make U.S. Visa or Green Card Applicants Inadmissible and I.N.A. § 212(a)(2)(A)(i)(I).)
• Commission to a CIMT can cause someone who already has a U.S. visa or green card to be removed from the United States. (See Crimes That Will Make an Immigrant Deportable. and I.N.A. § 237(a)(2)(A)(i).)
• A CIMT on a green card holder's record can block them from showing the "good moral character" necessary for a successful application for naturalized U.S. citizenship.

Given all this, the meaning of CMT or CIMT is critical. Yet in the U.S. criminal justice system, no one is ever charged with something called a "crime of moral turpitude." It's a catch-all (or catch-a-lot) description, which can apply to almost any type of crime if and when appropriate. What's more, the term "crime of moral turpitude" is never specifically defined within U.S. immigration law, nor does the law give a list of specific crimes that qualify. The lawmakers left this to the relevant agencies—and ultimately the U.S. courts—to deal with.

With that in mind, let's take a closer look at what types of crimes are considered CIMTs.

How Have U.S. Courts Defined Crimes of Moral Turpitude?

The legal definition of a CIMT has been developed mostly through written opinions by the Board of Immigration Appeals (B.I.A.). The B.I.A. has described moral turpitude as a "nebulous concept," and one that "refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one's fellow man or society in general." The B.I.A. has also said that the person committing it should have had either an "evil intent" or been acting recklessly.

Federal courts have additionally called CIMTs "per se morally reprehensible and intrinsically wrong."

These collections of words seem to point to a highly subjective determination. In other words, if the immigration official or judge thinks the crime sounds morally wrong, or perhaps mean and nasty, it's probably a crime of moral turpitude. That's not exactly a bright-line or easy definition, unfortunately.

Does the CIMT Finding Depend on Whether the Crime Is a Misdemeanor or Felony?

A crime can be a CIMT regardless of:

• how seriously the criminal justice system views it
• whether it was classified as a misdemeanor or felony; and
• the length or type of sentence imposed for it.

In What Types of Cases Have Courts Found That Immigrants Committed Crimes of Moral Turpitude?

For guidance on what a CIMT is, one can also look at the many specific offenses that the U.S. government and courts have determined to be CIMTs in individual immigrants' cases. These include:

• murder
• voluntary manslaughter
• involuntary manslaughter, in some cases
• rape
• spousal abuse
• child abuse
• incest
• kidnapping
• robbery
• aggravated assault
• mayhem
• animal fighting
• theft
• bigamy
• fraud, and
• conspiracy, attempt, or acting as an accessory to a crime if that crime involved moral turpitude.

However, the above list contains only brief summaries of various types of crimes. Most criminal convictions are based on state law, so their actual definitions will be lengthier and more complex. The details within the language of the statute might potentially affect the determination of whether or not a particular crime is a CIMT.

What Crimes Are Not Considered CIMTs?

Crimes that were done unintentionally or merely negligently are typically not found to be CIMTs. Simple drunk driving (DUI or DWI), for instance, has not, in the past, been considered a CIMT. (Nevertheless, pending legislation might, as of mid-2025, make it a separate ground of inadmissibility and deportability.) But recklessly committing acts that result in a criminal violation can be considered CIMTs.

There are also exceptions within the immigration laws that might help you, depending on whether you are facing possible inadmissibility, deportability, or ineligibility to naturalize.

For instance, the statute on inadmissibility makes an exception for petty offenses, meaning that the person committed only one crime, for which the maximum possible sentence was one year or less, and the actual sentence of imprisonment, whether active or suspended, was six months or less. And if the person was under age 18 at the time of the offense, committed only one CIMT, and was convicted or released from prison at least 5 years ago, they should qualify for the "youthful offender" exception.

Similarly, the statute on deportability contains an exception for cases where the maximum sentence for the crime was less than one year and the crime was committed after 5 years of U.S. entry (or 10 years if the person received a green card under I.N.A. Section 1255(j), based on them having helped prevent or frustrate an act of terrorism against the United States or assisted in investigating or prosecuting a terrorist). And it makes an exception for purely political crimes.

For Immigrants in the U.S., How Soon Could a CIMT Lead to Deportation?

If you are in the United States, with or without immigration status, and you are convicted of a crime, there's a good chance U.S. immigration authorities will figure it out. They're known for checking on the immigration status of people in jail or prison. And you might inadvertently bring yourself to their attention, for example by requesting a visa or green card renewal or U.S. citizenship (all of which require you to attend a biometrics appointment at which your fingerprints will be taken, then sent to the FBI and other agencies for analysis).

Immigrants who are in jail or prison for their crime might discover that, on the day they are scheduled for release, Immigration and Customs Enforcement (ICE) places a "hold" on them, then picks them up for further detention and eventual deportation (removal) proceedings in U.S. immigration court. (See The Immigration Hold Process After Jail.)

But even an immigrant who is not in jail or prison can be arrested by ICE, then have to attend hearings in immigration court to try and defend against deportation.

See a Lawyer for a Full Analysis of Whether a Crime Is a CIMT

This is not an area for self help. In fact, the ideal would be for you to hire two different lawyers after you're first arrested for a crime: both a criminal defense attorney and an immigration attorney. The criminal defense attorney will try to negotiate the most advantageous possible plea agreement for you (possibly to avoid trial). But the immigration attorney's input can be key in making sure that the crime you plead guilty to (if any) will not be viewed as a CIMT, or in deciding whether it makes sense to enter a guilty plea at all. (See The Basics of a Plea Bargain.)

The law on crimes of moral turpitude is constantly developing, and only a lawyer familiar with local criminal laws as well as the federal immigration code can provide a full analysis of your case.