Financial District, New York
28 Liberty Street, 6th Floor
New York, NY 10005
(212) 461-7152

Immigration Law and Crimes of Moral Turpitude—Courtesy of Berd & Klauss, PLLC November 21, 2014

Financial District, Manhattan
Immigration Law and Crimes of Moral Turpitude—Courtesy of Berd & Klauss, PLLC, Manhattan, New York

It’s one of the most important tenants of U.S. immigration law and yet many would-be immigrants do not know the consequences of having been charged with a crime that constitutes a crime of moral turpitude (CMT).

Immigration lawyers of Berd & Klauss, PLLC, provide immigration advice for business immigration, H-1B visas and all other general immigration attorney services. Their immigration lawyers explain that much of the confusion surrounding this part of immigration law is the fact that a person is never actually charged with the crime of moral turpitude, but some other crime instead. However, conviction of a crime that fulfills this description can be responsible for U.S. visa denial and the inability to obtain U.S. permanent residence and citizenship.

Unfortunately, the statutory definition of what constitutes a crime of moral turpitude is not statutorily provided by law. What is clear, however, is that some type of criminal act would have had to be committed first, though a conviction is not necessary. With this in mind, an immigration officer or judge will look at specific things to determine whether a crime of moral turpitude has been committed.

Generally speaking, this is “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.”

Intention to commit a criminal act is one of the most important points determining whether a crime of moral turpitude was committed. Immigration attorneys will try to argue their client did not in fact “intend” to commit a specific crime/s and plead for a judge or officer to be lenient based on the absence of intent.

A good immigration lawyer will also argue that the committed criminal act is not malum in se (bad in and of itself) but rather malum prohibitum (bad because it is prohibited). Central to the issue is the idea that: a crime of inherent moral corruption (malum in se) was not committed by the individual, even though an indiscretion may have occurred.

If you are in need of a respected immigration attorney, Berd & Klauss, PLLC, offers many immigration services and provides legal expertise on all immigration and deportation topics. To reach their offices call (212) 461-7152 or for more information visit them online

Other Announcements, Events and Deals from Berd & Klauss, PLLC
USCIS Resumes Premium Processing Service for H-1B Visa Petitions, Manhattan, New York
To catch up on a backlog of pending petitions, immigration law authorities suspended premium processing for most H-1B visa applications. As of March 12, USCIS has resumed this critic...read more
A Brief Guide to the EB-5 Visa for International Investors, Manhattan, New York
The EB-5 visa is a unique program designed to give legal status to foreign nationals who wish to invest substantial capital in a U.S. business. The EB-5 provides a pathway for perman...read more
FAQ About Immigration & Tax Law, Manhattan, New York
Tax season can be overwhelming for some U.S. citizens, but immigrants often face even more difficulty. Many wonder if they’re subject to higher tax rates, or whether immigration law ...read more
DHS Announces Substantial Changes to the H-1B Lottery Process, Manhattan, New York
Late last year, immigration law authorities proposed a new online registration system for H-1B visa petitions intended to dramatically lower costs and increase efficiency. After...read more
Proposed Rule Changes That May Impact Your H-1B Application, Manhattan, New York
In an effort to decrease the backlog of H-1B visa applications and the workload on USCIS personnel, the Department of Homeland Security is considering a rule change that would essent...read more