A criminal conviction can create consequences that extend far beyond fines, probation or incarceration. For a noncitizen, certain offenses may also affect the right to remain in the United States or pursue future immigration benefits.
Crimes involving moral turpitude generally involve intentional dishonesty, serious misconduct or at least reckless behavior. The precise outcome depends on the elements of the offense, the sentence and the person’s immigration history.
You may face deportation
A conviction for a crime involving moral turpitude may make a noncitizen deportable in certain circumstances. Timing can matter, including how soon the offense occurred after admission to the United States. The possible sentence and whether the person has more than one qualifying conviction may also affect the outcome.
Deportation is not automatic after every criminal conviction. Immigration authorities examine the statute underlying the conviction and determine whether its required elements involve intentional or reckless misconduct. This means an offense may have serious immigration consequences even when it is classified as a misdemeanor under state law.
You may be denied United States citizenship
A conviction may also interfere with naturalization. Applicants seeking United States citizenship must generally demonstrate good moral character during the applicable review period. A crime involving moral turpitude can lead immigration officials to question whether that requirement has been satisfied.
Older convictions may also receive attention because naturalization applications require disclosure of criminal history. Failing to provide complete and accurate information may create additional problems beyond the original offense. The government may review the conduct, the date of conviction and evidence of rehabilitation before deciding whether the applicant qualifies for citizenship.
You may be denied a visa or green card
Crimes involving moral turpitude may also make a person inadmissible. Inadmissibility can prevent someone from receiving a visa, entering the United States or becoming a lawful permanent resident through a green card application.
Some limited exceptions may apply depending on the offense, possible punishment and criminal history. However, you should not assume that a minor sentence means the conviction will have no effect. Immigration law focuses heavily on the legal nature of the offense. Seek legal guidance promptly if a criminal charge or conviction may affect your immigration status.