Crimes of Moral Turpitude

(A)

Illegal Entrants.  Generally, because a person who entered the United States illegally is not considered “admitted” to the United States, any criminal offenses that would normally trigger deportation will not do so, because the offense was not committed after admission.  However, since adjustment of status is considered an “admission,” someone who entered the United States illegally, adjusted status, and then committed a deportable offense can properly be said to have committed the offense “after admission.”[25]  Generally, the fact that a noncitizen unlawfully within the United States has filed an application for adjustment of status is not sufficient to make the noncitizen’s status lawful.[26]

[25] Ocampo-Duran v. Ashcroft, 254 F.3d 1133, 1135 (9th Cir. 2001); Matter of Rosas-Ramirez, 22 I. & N. Dec. 616 (1999).

[26] United States v. Lucio, 428 F.3d 519 (5th Cir. Oct. 12, 2005) (conviction under 18 U.S.C. § 922(g)(5)(A) [possession of firearm by undocumented noncitizen] upheld since undocumented noncitizen’s immigration status remains unlawful during the pendency of an application to adjust status; mere fact that he has received permission to work in the county does not alter the initial unlawfulness of his immigration status).