Crimes of Moral Turpitude Can End Your Time in the United States

If you are a non-citizen in Kentucky, one of the most important questions in any criminal case is whether the offense constitutes a “crime involving moral turpitude” — commonly called a CIMT. CIMT convictions trigger both deportability and inadmissibility under the Immigration and Nationality Act, and a single CIMT conviction can bar a green card holder from re-entering the country or end a pending green card application. Clark + Harris helps Louisville, Lexington, and Kentucky non-citizens avoid CIMT classifications whenever the facts allow.

What Counts as a CIMT?

There is no statutory definition of “crime involving moral turpitude” in the Immigration and Nationality Act. Instead, the concept has been developed through decades of Board of Immigration Appeals (BIA) and federal court decisions. Generally, a CIMT involves conduct that is inherently base, vile, or depraved, contrary to the accepted rules of morality and the duties owed to society. In practice, immigration authorities and courts analyze whether the statutory offense requires a culpable mental state combined with either reprehensible conduct or intent to cause harm.

Offenses Typically Classified as CIMTs

Offenses frequently found to be CIMTs include most theft and fraud offenses, assault with a deadly weapon or with intent to cause serious injury, robbery, burglary with intent to commit a CIMT, most sex offenses, perjury, and forgery. Some DUI offenses involving aggravating circumstances have been held to be CIMTs, though simple DUI typically is not.

Offenses Typically Not CIMTs

Some offenses generally do not qualify as CIMTs, including simple battery without a weapon or injury, simple DUI without aggravators, simple drug possession (which has its own separate immigration consequences), and many regulatory or strict-liability offenses without a culpable mental state.

CIMT Triggers in the INA

CIMT convictions affect non-citizens under several statutory provisions. Under INA § 237(a)(2)(A)(i), a non-citizen is deportable for a single CIMT conviction committed within 5 years of admission (or within 10 years for some LPRs) if a sentence of 1 year or longer could have been imposed. Under INA § 237(a)(2)(A)(ii), a non-citizen is deportable for two or more CIMTs “not arising out of a single scheme of criminal misconduct,” regardless of when committed.

Under INA § 212(a)(2)(A)(i)(I), a non-citizen is inadmissible for a single CIMT conviction or admission of CIMT conduct. The “petty offense exception” provides a narrow escape — a CIMT is not inadmissibility-triggering if the maximum possible penalty is 1 year or less and the sentence actually imposed did not exceed 6 months.

The Categorical Approach to CIMT Analysis

Federal courts apply the categorical approach to determine whether a criminal statute qualifies as a CIMT. The analysis looks at the statutory elements, not the actual conduct of the defendant. If the statute of conviction is “divisible” — meaning it covers both CIMT and non-CIMT conduct — courts use a “modified categorical approach” to look at a narrow set of documents from the criminal case to determine which version of the offense was actually committed.

This means that how your Kentucky case is structured — what statute you plead to, what the charging documents say, what the plea colloquy includes — can determine whether the conviction is a CIMT. Skilled defense counsel can sometimes negotiate pleas to specific subsections or amended charges that avoid CIMT classification.

Kentucky Offenses and CIMT Analysis

Many common Kentucky offenses have been analyzed as potential CIMTs. Theft by unlawful taking under KRS 514.030 is generally a CIMT. Theft by deception under KRS 514.040 is a CIMT. Assault in the first and second degree under KRS 508.010 and 508.020 are generally CIMTs. Domestic violence offenses may or may not be CIMTs depending on the specific statute and elements. DUI under KRS 189A.010 is generally not a CIMT, though aggravated DUI may be.

Contact Clark + Harris for CIMT-Aware Defense

If you are a non-citizen in Kentucky facing a potential CIMT charge, your defense strategy must account for the immigration analysis from the beginning. Clark + Harris understands the intersection of Kentucky criminal law and the immigration CIMT framework.

Call 859-474-0001 today for a confidential consultation.

What Is a Crime of Moral Turpitude (CIMT) Under Immigration Law?