(B)  Crimes of Moral Turpitude.

 

            Possession of an altered immigration document with knowledge that it was altered, but without an essential element of use or intent to use it unlawfully, does not constitute a crime involving moral turpitude.  Possession of fraudulent immigration documents with intent to use, does constitute a crime involving moral turpitude.[195]

Board of Immigration Appeals:

Matter of Serna, 20 I. & N. Dec. 579, 581 (BIA 1992) (stating that mere possession of fraudulent immigration documents, in violation of 18 U.S.C. § 1546, is not a crime involving moral turpitude, since the statute does not specifically include fraud as an essential element even though it does require knowledge the document has been altered).

 

Matter of G, 1 I. & N. Dec. 73 (BIA, AG 1941) (assuming that applicable Romanian law makes it a criminal offense to obtain a passport by fraud, such offense does not involve moral turpitude when not accompanied by false swearing amounting to perjury).

 

Matter of C, 1 I. & N. Dec. 14 (BIA, AG 1940) (false statements under Alien Registration Act of 1940 held not to involve moral turpitude, since there is no indication that fraud was involved).

 

Ninth Circuit:

 

Fong v. INS, 308 F.2d 191, 195 (9th Cir. 1962) (conviction for failure to furnish notification of address or other information, as required by INA § 265, 8 U.S.C. § 1305 (Alien Registration Act), held not to involve moral turpitude).

 

[195] See N. Tooby, Crimes of Moral Turpitude § 9.79 (2005).  See also Fraud, § 8.38, False Statements, § 8.47 ff., and Perjury, § 8.52, supra.

Other

IMMIGRATION OFFENSES " FEDERAL LAW PREEMPTS STATE IDENTITY FRAUD PROSECUTIONS RELATED TO FEDERAL I-9 FORMS
State v. Reynua, State of Minnesota, Mower County District Court (Jul. 23, 2012) (File No. 50-CR-09-1811) (unpublished) (admission of an I-9 form in a state forgery prosecution was reversible error); on remand after State v. Reynua, 807 N.W.2d 473 (Minn. App. 2011), review granted, revd in part and remanded (Minn. Feb. 28, 2012) (8 U.S.C. 1324a(b)(5) means what it says -- that other than specified federal prosecutions, the I-9 form and appended documents may not be used to establish a state crime).