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define " moral turpitude"

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  • define " moral turpitude"

    what criminal records or convictions can constitute as moral turpitude and cause problems in the process of naturalization?

  • #2
    what criminal records or convictions can constitute as moral turpitude and cause problems in the process of naturalization?


    • #3
      According to USCIS, a crime of moral turpitude is inherently base, vile, or depraved, contrary to social standards of morality and done with a reckless, malicious, or evil intent. In short, this is a subjective, catchall term that can be used for any crime that USCIS considers offensive. For example, USCIS has judged moral turpitude to be present in crimes involving great bodily injury, sexual offenses, kidnapping, stalking, fraud, theft, embezzlement, and bribery.

      U.S. laws contain a list of activities that can cause a green card holder to lose the right to live in the United States. Commit one of these activities and you become deportable. If anything on the list below looks like something you've done, do not file your citizenship application until you see an immigration attorney. (We can't give you extensive details on each of these activities, so don't rely on this list alone.)

      You were inadmissible when you last entered the United States (see "Actions and Conditions That Make You Inadmissible," below, for more about inadmissibility).

      You have violated a condition of your U.S. stay.

      You were unsuccessful in turning your conditional residence into permanent residence (primarily affecting people who married U.S. citizens).

      You have helped smuggle someone into the United States within five years of when you entered the country (with limited exceptions for close family).

      You have entered into a fake marriage to try to get a green card.

      You have committed a crime of moral turpitude within five years of becoming a resident (or ten years if you got your residency after living in the United States illegally, by paying a penalty fee under Section 245(i) of the I.N.A.). There is no USCIS-approved list of crimes of moral turpitude (see "What Constitutes Moral Turpitude?," above).

      You have committed a crime of moral turpitude for which the judge could have imposed a sentence of one year or more.

      You committed two or more separate crimes of moral turpitude.

      You committed an aggravated felony.

      You have committed a drug-related crime (except a single conviction for possession of 30 grams of marijuana or less).

      You use or are addicted to illegal drugs.

      You have committed a gun-related crime (such as selling, possessing, or using a gun illegally).

      You have violated federal laws regarding spying, treason, sedition (insurrection against the U.S. government or providing support to an enemy government), or assisting others to enter or leave the United States illegally.

      You have committed a domestic violence crime or violated anti-stalking, child abuse, neglect, or abandonment laws.

      You deliberately failed to notify the INS or USCIS of your new address within ten days of moving.

      You have fraudulently acquired a visa or other official document (that is, you got it by lying or deliberately omitting information).

      You have falsely claimed to be a U.S. citizen.

      You are a threat to public safety, national security, or U.S. foreign policy.

      You have tried to overthrow the U.S. government.

      You have assisted in Nazi persecution.

      You have engaged in genocide.

      You became a public charge (received welfare payments) within five years of your approval for U.S. residency.

      You have voted in a U.S. election. (Green card holders cannot vote in the United States.)

      In most cases, whatever you did wrong will have come to the attention of the INS or USCIS right after it happened. For example, USCIS checks the names of people in jail and asks the police to turn over criminal immigrants for possible deportation. If you've been out of the country, the border officer checks whether you are admissible, looking in particular at whether you stayed away too long or resettled elsewhere. But sometimes violations go undetected by the U.S. government. For example, a person who pleads guilty to a crime but never goes to jail may escape USCIS's attention. Similarly, border patrol officers sometimes let in green card holders when they should have kept them out.

      In short, if you've done something to make you deportable and USCIS hasn't yet caught up with you, applying for U.S. citizenship will give the agency the perfect opportunity.


      • #4
        Here is the link containing the above information

        I think what you are asking for is a list of crimes and there is no list is mentioned in the previous post.

        Hope this helps.


        • #5
          YOu forgot that Moral Terpitude includes any crime which an alien was convicted to serve more than five years, 10 years if the alien had permenant residence under section 1255(j) or is convicted of any crime which the sentence is lasting longer than one year. See Title 8 Section 1227(b)
          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre


          • #6
            case in question has 3 arrests for misdemeanor charges within the last 3 years the on the record.

            (1) 1st arrest " battery ".

            (2) 2nd arrest " battery".

            (3) 3rd arrest " indecent exposure"

            1st arrest led to the case being dismissed by the state since the accusers did not turn up for court.

            2nd arrest led to no contest plea as advised by defense counsel resulting in 6 months of probation , 10 days weekend work , 80 hours of community service.
            Only the 10 days of weekend work was completed.

            3rd arrest took place when the candidate was under probation for the second arrest.
            This led to violation of probation so there was no bond/bail issued.
            almost 90 days were spent in jail waiting for the court date for hearing and trial.
            The accusers did not show up for the court date.
            The state did not drop the charges but reduced the charges to that of breach of peace.
            And time served was accepted.
            The candidate was released.
            All court costs settled in full.

            Please explain the significance of the above during the adjustment of status interview.


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