Crimes of Moral Turpitude

“Admission” is a term of art in immigration law, defined by statute as an entry into the United States after inspection and authorization.[13]  Entry to the United States without inspection is not an admission.[14]  Adjustment of status to that of a lawful permanent resident is also considered an “admission” to the United States.[15]  “Parole” into the United States is not an “admission.”[16]

Any “admission” is sufficient to subject a noncitizen to the grounds of deportation.  For example, a noncitizen will generally[17] be considered “admitted” even if the admission was based upon a false statement or fraudulent documents or the noncitizen was technically inadmissible.[18]  For this reason, noncitizens lawfully within the United States will usually be charged under a ground of deportation even if they had left and re-entered the United States at any point between when they technically became deportable (and/or inadmissible) and when they were placed in removal proceedings.  If the event that rendered the noncitizen deportable also triggered inadmissibility, s/he could technically be charged with being deportable for having been inadmissible at time of his or her most recent admission to the United States,[19] but this does not always happen.

[13] INA § 101(a)(13)(A), 8 U.S.C. § 1101(a)(13)(A).  For more information on the definition of admission, see I. Kurzban, Kurzban’s Immigration Law Sourcebook 37-41 (10th Ed. 2006).

[14] Nor is permission to land temporarily as an alien crewman.  INA § 101(a)(13)(B), 8 U.S.C. § 1101(a)(13)(B). 

[15] See § 5.6, infra.

[16] INA § 101(a)(13)(B), 8 U.S.C. § 1101(a)(13)(B).  See also Altamirano v. Gonzales, 427 F.3d 586 (9th Cir. Oct. 31, 2005) (a parolee has not been “admitted” to the United States, and therefore is subject to the grounds of inadmissibility, and bears the burden of showing admissibility).  See N. Tooby & J. Rollin, Criminal Defense of Immigrants § 15.14 (4th Ed. 2007).

[17] At least two courts would appear to apply a different rule applies when the “admission” occurs through adjustment of status.  See § 5.6, infra.

[18] Matter of KBN, 9 I. & N. Dec. 50 (BIA 1960) (decided shortly after Congress amended INA § 245(a) to require “inspection and admission,” rather than “admission as a bona fide nonimmigrant,” the BIA held that entry by means of a fraudulently-acquired “certificate of identity” (comparable to a B-1 visa in the circumstances of the case) meets the “inspected and admitted” requirement – and then affirmed the decision to deny adjustment of status in the exercise of discretion).  This does not hold true in other contexts, such as relief.  See, e.g., Mejia-Orellana v. Gonzales, 502 F.3d 13 (1st Cir. Sept. 6, 2007) (noncitizen who obtained lawful permanent resident status by fraud has not been lawfully admitted to the United States and is therefore ineligible for LPR cancellation of removal). 

[19] INA § 237(a)(1)(A), 8 U.S.C. § 1227(a)(1)(A) (deportable for being inadmissible at time of entry or adjustment).