Criminal Defense of Immigrants

Noncitizens seeking admission to the United States or trying to become lawful permanent residents can be found inadmissible on the basis that they have committed a crime of moral turpitude, even if there was no conviction.[76]  To sustain inadmissibility on this basis, the DHS must take a valid admission of the offense from the noncitizen.  See § 21.5, supra for a summary of the law on admissions.  See § 18.8, supra for a more detailed discussion.  The other elements of this ground of inadmissibility are the same as the conviction-based crime of moral turpitude, and the same arguments and defenses may therefore apply.  See § 21.8, supra.

[76] INA § 212(a)(2)(A)(i), 8 U.S.C. § 212(a)(2)(A)(i).