Crimes of Moral Turpitude

The 1994 Crime Bill created an “S” nonimmigrant classification for certain witnesses who supply “critical reliable information” relating to terrorism and criminal activity.[336]  Under some circumstances these persons can adjust status to permanent residence.[337]  The Attorney General decides who will receive the visas.  All grounds of inadmissibility, except Nazis and genocide,[338] are potentially waivable, including conviction or admission of a crime of moral turpitude.[339] For more information, see N Tooby, J. Rollin, Criminal Defense of Immigrants § 24.15 (4th Ed. 2007).

[336]  Violent Crime and Control and Law Enforcement Act of 1994 (Pub. L. No. 103-322, Sept. 1, 1994), creating new INA § 101(a)(15)(S), 8 U.S.C. § 1101(a)(15)(S).

[337]  If the informant’s assistance has substantially contributed to an investigation, crime prevention or prosecution and the person has received a reward under § 36(a) of the State Department Basic Authorities Act of 1956, the Attorney General has discretion to adjust the person’s status to permanent residence.  See INA § 245(i), 8 U.S.C. § 1255(i).  Note that this section may be renumbered in the future, since a technical error resulted in the creation of two sections both codified as INA § 245(i). See further information about the “S” visa at INA § 214(k), 8 U.S.C. § 1184(k).

[338] INA § 212(a)(3)(E), 8 U.S.C. § 1182(a)(3)(E).

[339] INA § 212(d)(1), 8 U.S.C. § 1182(d)(1).