Julie Kruger is an Attorney and Partner at Richards & Kruger, with a practice limited to Immigration Law. She is admitted to practice in New York State, and is a member of the American Immigration Lawyers Association, New York State Bar Association, and Erie County Bar Association.

Richards & Kruger Immigration Law
2731 South Park Avenue
Lackawanna, NY 14218
Phone: 716-832-2222
Fax: 866-941-6703

Wednesday, June 20, 2012

Waiver of Inadmissibility: Crimes Involving Moral Turpitude

If a person has been convicted of a crime at any time in his or her past, that person may be "inadmissible" to the United States.  "Inadmissible" means that he or she may not be admitted to the United States under current law.  One of the grounds of inadmissibility to the United States applies to persons who have been convicted of a crime involving moral turpitude.

Crimes involving moral turpitude may include (depending on the facts of the case, the statute, and the elements of the statute), assault, sexual assualt/rape, manslaughter/murder convictions, arson, theft, forgery, perjury, prostitution, fraud, and others.  A crime involving moral turpitude refers generally to "conduct which is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.”  Matter of Franklin, 20 I. & N. Dec. 867, 878 (BIA 1994). 

Because of the wide range of convictions that may constitute crimes involving moral turpitude, if you have a criminal conviction, you should consult with an immigration attorney to determine whether it renders you inadmissible to the United States.  If you are inadmissible to the United States because of a crime involving moral turpitude, you may be eligible for a nonimmigrant waiver of inadmissibility, which is granted by the U.S. Department of Homeland Security upon application by the individual.   The Department of Homeland Security will carefully review the application and supporting documentation, and will consider the following factors:  1) the risk of harm to society if the applicant is admitted; 2) the seriousness of the applicant’s criminal law violation; and 3) the nature of the applicant’s reasons for wishing to enter the United States

If you have a criminal conviction, and would like to discuss applying for a waiver of inadmissibility, please contact me at (716) 854-1541 for a consultation. 

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