One of the most common criminal immigration convictions are known as crimes involving moral turpitude. While there is no provision under the Immigration law that defines "moral turpitude", the phrase has been interpreted in case law.
A crime involving moral turpitude involves conduct that is inherently base, vile, or depraved, and contrary to accepted rules of morality and the duties owed between persons, or to society in general. While there are offenses that are specifically designated as a crime involving moral turpitude, such as theft, fraud, and crimes involving serious violence, many determinations are determined on a case by case basis.
In determining whether a conviction is one designated as a crime involving moral turpitude, it is essential to examine not the circumstances of the crime, but the specific criminal statute under which the non-citizen is convicted. A review and analysis of anything other than the actual statute of conviction is to be done only in certain circumstances.
A conviction will be considered a crime involving moral turpitude when the statute contains an element of specific intent to do harm or a conscious disregard of a substantial risk.
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