Integrity Legal

Posts Tagged ‘CIMT’

7th April 2010

As this author has discussed in previous blog posts, one major reason for US visa denial is based upon a finding that a legal grounds of inadmissibility exists in a given case. One legal grounds of inadmissibility is based upon a finding by the Consular Officer that the applicant committed a Crime Involving Moral Turpitude (CIMT). That being said, at times it can be difficult to determine whether or not an individual’s prior actions would be considered a crime involving moral turpitude. The Foreign Affairs Manual (FAM) provides some insight into what types of crimes are considered to be crimes involving moral turpitude, the following are excerpts from the FAM:

“9 FAM 40.21(a) N2.3-1 Crimes Committed Against
Property
(CT:VISA-1318; 09-24-2009)
a. Most crimes committed against property that involve moral turpitude
include the element of fraud. The act of fraud involves moral turpitude
whether it is aimed against individuals or government. Fraud generally
involves:
(1) Making false representation;
(2) Knowledge of such false representation by the perpetrator;
(3) Reliance on the false representation by the person defrauded;
(4) An intent to defraud; and
(5) The actual act of committing fraud”

Property Crimes are not the only activities that can be construed as crimes involving moral turpitude as criminal actions which violate or undermine governmental authority are also considered to be CIMT:

“9 FAM 40.21(a) N2.3-2 Crimes Committed Against
Governmental Authority
(CT:VISA-1318; 09-24-2009)
a. Crimes committed against governmental authority which fall within the
definition of moral turpitude include:
(1) Bribery;
(2) Counterfeiting;
(3) Fraud against revenue or other government functions;
(4) Mail fraud;
(5) Perjury;
(6) Harboring a fugitive from justice (with guilty knowledge); and
(7) Tax evasion (willful).”

The FAM also goes on to note the various activities that may not be considered CIMT. However, it is incumbent upon the adjudicating officer to examine the facts of a given case and make a decision as to whether the underlying actions that gave rise to a criminal conviction in fact constitutes a Crime Involving Moral Turpitude for purposes of visa issuance. If the officer decides that a CIMT was committed, then the visa application will likely be denied. Under the doctrine of Consular NonReviewability (also known as Consular Absolutism) this decision is not subject to appeal. However, the applicant make be able to overcome the visa denial by applying for, and obtaining, an I-601 waiver.

Of interest to some may be the recent Circuit Court decision which held:

“An order of removal from the United States was entered against Petitioner Armando Alvarez-Reynaga based on his felony conviction for receipt of a stolen vehicle in violation of section 496d(a) of the California Penal Code. His petition for review presents the questions of whether a conviction under that statute qualifies categorically as a conviction for an aggravated felony, and whether it qualifies categorically as a crime involving moral turpitude. We conclude that it qualifies as the first, but not the second. We deny the petition for review.”

As the law continues to evolve, so to does the definition of CIMT and the activities that are considered to be covered by the CIMT provisions of the Immigration and Nationality Act.

For more information about US Visas from the Kingdom of Thailand please see: US Visa Thailand.

(Readers should be advised that the above does not constitute a full analysis of CIMT issues. Each application has its own unique set of facts and those facts must be analyzed on an individual basis in order to form a professional opinion.)

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