A crime involving moral turpitude (CIMT) in Nevada is an offense where you act with malicious intent. Examples include violent crimes, sex offenses, drugs, fraud, and theft.

If you are a visa– or green card holder, you can be deported for having committed a CIMT within five years of coming to the U.S. And all other foreigners who committed a CIMT may be inadmissible to the U.S. indefinitely.

Below our Las Vegas immigration attorneys answer frequently-asked-questions about crimes involving moral turpitude in Nevada. Click on a topic to go directly to that section.

• 1. What is a “crime involving moral turpitude”?
• 2. CIMTs in Nevada
• 3. Will I be deported?
• 4. Can I get a visa?
• 5. Can I get a green card?
• 6. Can I become a citizen?
• 7. Defenses
• Additional Reading

Also see our article about aggravated felonies, many of which are considered CIMTs.

1. What is a “crime involving moral turpitude”?

Crimes involving moral turpitude (CIMTs, a.k.a. crimes of moral turpitude) are a category of felonies and misdemeanors that courts consider to be especially depraved and malicious. These typically include:

• violent crimes (including domestic violence),
• sex crimes,
• drug offenses,
• stealing, and
• fraud.

One factor most CIMTs have in common is that they require a deliberate intent to do ill. You have to intend to carry out the crime to be guilty of it.

For example, shoplifting is a CIMT since in Nevada you must intend to steal something to be convicted of it. If you innocently forgot to pay for something in a store, then you are not guilty of shoplifting.

If you are a non-citizen, an immigration judge may remove you from the United States for committing a CIMT. Even if you get to stay in the U.S., having a criminal record may prevent you from:

• getting or keeping a professional license,
• enrolling or remaining at college, or
• being hired or maintaining employment.

2. CIMTs in Nevada

States differ about which crimes are considered CIMTs, which is why it is difficult to define. In Nevada, examples of the more common CIMTs include the following:

• murder
• voluntary manslaughter
• kidnapping
• rape
• lewdness with a minor under 16
• perjury
• some theft crimes
• possibly burglary
• carrying a concealed weapon with intent to use
• unpaid casino markers

CIMTs usually do not include such non-intent offenses as DUI: Since you do not have to intend to drive drunk to be found guilty of driving drunk, DUI does not have the ‘deliberate’ element CIMTs require.

Similarly, involuntary manslaughter is not a CIMT precisely because it is an unintentional offense.

3. Will I be deported?

If you are a legal alien (such as a visa-holder or green card holder) who has been convicted of only one CIMT, you may be deported if:

• the crime allegedly took place within five years after you were admitted to the U.S., and
• the crime’s maximum sentence was at least one year (a felony), regardless of how much time was actually served.

Though if you have two or more CIMT convictions, you may be deported despite your sentences or how long ago the CIMTs allegedly took place.¹

Immigration Jail

Note that ICE (Immigration and Customs Enforcement) has prosecutorial discretion over which non-citizens to arrest and attempt to deport for which alleged crimes. If you are taken into ICE custody in Clark County, you are detained at Las Vegas Immigration Jail, and their cases are handled in Las Vegas Immigration Court.

4. Can I get a visa?

If you are a foreigner who committed even just one CIMT, you are automatically inadmissible into the U.S. and therefore ineligible for a visa. The only exception is “the petty offense exception.” This is when:

• the CIMT’s maximum sentence was one year (a misdemeanor), and
• the actual sentence the judge imposed was six months or less.

Note that merely admitting to having committed a CIMT may make you inadmissible as well, even if the incident did not result in a conviction. In this situation, the immigration judge has to verify the following factors before you can be found inadmissible:

1. the CIMT in question is considered a crime in the location it allegedly occurred, and
2. you understand the crime’s elements, and
3. you state your guilt for committing the crime, and
4. your admission was totally voluntary.²

5. Can I get a green card?

Committing a CIMT bars you from getting a green card unless either of the following exceptions applies:

1. You were under 18 when you committed the CIMT, more than five years have elapsed since the CIMT occurred, and you are currently out of jail or prison; or
2. You were convicted of an offense that had a maximum penalty of no more than one year in jail or prison, and the actual jail or prison term was no more than six months. (This is the “petty offense” exception.)³

6. Can I become a citizen?

The more serious CIMTs permanently bar you from becoming a citizen, such as:

• murder,
• rape,
• fraud (involving a sum of $10,000 or more), and
• theft (that resulted in a prison term of at least one year).

Other CIMTs temporarily bar citizenship for an extra three to five years, such as prostitution and fraud (involving less than $10,000).

Note that getting a record sealed does not necessarily increase your chances of immigrating to the U.S. The USCIS (United States Citizenship and Immigration Services) takes into account your entire criminal record — sealed or not — when determining your eligibility for immigration.⁴

7. Defenses

The best way to avoid deportation and other adverse immigration consequences is to fight the underlying criminal charge itself. Depending on your case, potential defenses include:

• You were acting in lawful self-defense or defense of others;
• You did not knowingly possess the weapons, drugs, or the firearm in question;
• You had no intent to steal;
• The police committed misconduct, such as an illegal search, entrapment, or a coerced confession;
• You were the victim of mistaken identity.

In many cases, we can plea bargain a CIMT down to a non-removable defense or even a full dismissal so you can remain in the U.S.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Should They Stay or Should They Go: Rethinking the Use of Crimes Involving Moral Turpitude in Immigration Law – Florida Law Review.
• Legislating Morality: Moral Theory and Turpitudinous Crimes in Immigration Jurisprudence – Loyola of Los Angeles Law Review.
• Moral Turpitude, Will We Ever Know What You Mean? A Case for a Modern and Intersectional Definition of Moral Turpitude – Estudios Críticos en Desarrollo.
• The Racialization of Crimes Involving Moral Turpitude – Georgetown Journal of Law & Modern Critical Race Perspective. 
• Reevaluating the Adjudication of Crimes Involving Moral Turpitude – Lewis & Clark Law Review.

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Legal References