Determining Your Legal Status in Los Angeles

Thousands of people around the world uproot their lives and leave their homelands to pursue a new life in the United States. In many circumstances, many are feeling in response to wars, hunger, limited opportunity, or simply out of interest. Upon arrival, immigrants face a multitude of barriers. In addition to learning a new language, newcomers must also become familiar with American law. If convicted of a small or large criminal offense, it can severely impact one’s immigration status, and require assistance from a lawyer to obtain a green card with a criminal record in Los Angeles. In this article, we review what a “crime of moral turpitude” is and how it can hurt your chances of citizenship.

What is a Crime of Moral Turpitude?

A crime of moral turpitude (CMT) is like a category of a criminal offense. It normally pertains to an act of criminal activity that was performed with reckless or evil intent to “shock the public,” according to the Board of Immigration Appeals (B.I.A.) Acts are normally vile, or immoral, which contradicts the term “morality”.  The courts also view CMT as morally unacceptable and inherently wrong. The legal definitions provided are subjective in nature and put many immigrants at a disadvantage point if they do not have a solid legal defense.

The concept behind CMT is broad and complex; especially for convicted immigrant victims that depend on an immigration lawyer in Los Angeles to plead their case. To be held accountable, it must be proven that victims had a level of intent – or acted recklessly – for the charge to uphold in court.

Examples of Crime of Moral Turpitude in California

There is never a one-size-fits-all approach to assessing cases that fall into this category. The U.S. government and courts have listed which unlawful acts are considered as CMTs, such as:

• Fraud
• Murder
•  Rape
• Arson
• Child abuse
• Spousal abuse
• Burglary
• Kidnapping
• Animal fighting
• Criminal threats
• Incest
• Inciting misconduct or chaos in public
• Failing to register as a sex offender
• Voluntary and involuntary manslaughter
• Trespassing intending to hurt others
• Any act associated with aiding a crime that can be established as CMT

To be sure, it is best to consult with attorneys for immigration crimes in Los Angeles. They can assess your case to see if they qualify as forms of moral turpitude. Compared to other offenses, CMT is listed in the Immigration and Nationality Act as the type of offense that can prohibit you from receiving any form of immigration status in the U.S. If proven guilty it automatically stops visa and green card applications. For a clearer understanding, non-citizens can be deported if:

• They are convicted of CMT
• Receive jail time for one year or longer following the conviction
• The conviction happens within five years of admission to the U.S.

While this circumstance may not apply to you now, that does not eliminate the risk or possibility of losing out on a chance that thousands sought out for. Keep in mind, those who already have a visa or green card can still get deported or become inadmissible as well. We want to clarify this means you will not be able to re-enter the U.S. after leaving, naturalize or apply for permanent citizenship. Therefore, your Los Angeles crime and immigration lawyer should be well-versed in California immigration laws to protect your prospective newfound rights while you wait to hear back about your status.

Can You Get Charged of CMT?

No, you cannot, as it is only a category for any type of crime that fits its criteria.

Most immigration applicants are unsure of whether they can be charged with CMT. Depending on your circumstance, an attorney for immigrant help in Los Angeles may be able to negate the accusation based on how vague the term is. Unfortunately, the ruling is up to the criminal justice system. Within immigration law, felonies or smaller acts are left with the U.S. courts to make a final decision.

The Complicated Truth About Moral Turpitude

Many individuals believe that crimes associated with CMT are clear and easy to identify and determine. These crimes may sound just as bad as they look, especially on official documentation. Especially circumstances that have endangered or posed a risk to the community. However, even smaller crimes that one would not associate as CMT can have similar consequences such as minor cases of fraud, or a small offense of stealing.

For example, if you are in the store and accidentally write a bad check it will reflect negatively on you, especially if you have yet to become an official immigrant. Without sufficient evidence or a criminal attorney in LA, you may find yourself facing immigration law and trying to prove how what seems like a “fraudulent offense” was a harmless mistake. Something as simple as this is enough to ruin your chances. Similarly, if the court rules CMT you will face serious consequences.

The misunderstanding lies in the term (CMT) itself because the legal concept describes one thing yet covers any criminal act the court deems appropriate. We understand there is no clear answer to help you navigate through this area of immigration law. In fact, this is one of the many circumstances where you should avoid doing this without assistance from a reputable law firm. An immigration law attorney who is knowledgeable of criminal laws in California can provide you with the best assistance in your case.

About Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our Los Angeles law firm. 

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help. At Grey Law, we strive to help clients through complex processes for positive results. Our Los Angeles immigration lawyers are well-versed in more than several practice areas:

• Family-Based Immigration
• Employment-Based Immigration
• Naturalization and Citizenship
• Permanent Residency and Green Card
• Deportation and Removal
• Immigrational Appeals
• Non-Immigrant Visas
• Criminal Victim Visa 

In the past year, COVID-19 has drastically impacted citizenship in the U.S. We have been able to adjust and act accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.