Crimes Involving Moral Turpitude and Visa Denials: Understanding the Process and How to Obtain a Waiver

Crimes Involving Moral Turpitude (CIMT) refer to serious criminal offenses that involve dishonesty, a lack of integrity, or immoral behavior. In many countries, including the United States, CIMTs can lead to visa denials, as they reflect on an applicant’s ability to be a lawful and moral member of society. Generally, CIMTs are not explicitly stated in the law but are instead interpreted as such by the courts. The fact that a crime is not considered a CIMT in Israel does not mean that a U.S. court will not interpret it as such.

What Is a Crime Involving Moral Turpitude?

A Crime Involving Moral Turpitude is defined as an offense that harms or threatens the integrity of society and human dignity. It includes crimes such as fraud, theft, assault, rape, bribery, drug trafficking, tax violations and more. However, not every crime falls under the category of a CIMT. Typically, crimes involving direct harm to individuals or society are classified as CIMTs.

Visa Denials Due to CIMTs

When someone applies for a visa to the United States or other countries, one of the main factors considered is their criminal history. If an individual has been convicted of a CIMT, they are likely to face a visa denial. For example, any criminal act committed with intent or that directly violates the country’s laws may be considered a CIMT.

To understand the impact of CIMTs on visa applications, it is important to review the immigration criteria of each country. In the United States, Section 212(a)(2)(A) of the Immigration and Nationality Act defines crimes involving moral turpitude and mandates that a Consul deny a visa to an applicant who has been convicted of such an offense.

How to Obtain a Waiver for a Visa Denial Due to a CIMT

Under U.S. immigration law, there is an option to apply for a Waiver of Ineligibility in cases where a visa is denied due to a CIMT conviction. A waiver allows an individual whose visa application was denied due to a criminal conviction to still obtain a visa. However, to do so, a Waiver must be obtained to overcome the visa denial. This process requires presenting convincing evidence of rehabilitation or other mitigating factors that could improve the chances of obtaining the visa.

Ultimately, the Consul does not have the authority to approve a waiver but can recommend a case for a waiver if they are convinced of the merits of the arguments. Generally, if the Consul recommends a waiver, the chances of obtaining both the waiver and the visa are good.

Conclusion

Crimes involving moral turpitude can lead to visa denials in many countries, including the United States. To overcome the cause of denial, the visa applicant must provide clear and convincing documentation supporting the argument that they are rehabilitated, of good moral character, and meet all other legal requirements, including strong evidence of a compelling reason to return to Israel after a brief visit to the U.S. for business or tourism.  However, Applicants should be prepared for a long wait—it may take 9 to 12 months or longer to receive a decision on a waiver request. While the purpose of the visa application may become moot during this period, it is still important to pursue the waiver in case future travel to the U.S. for similar purposes becomes necessary.

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