I-601 Waiver: Crimes Involving Moral Turpitude

The alien has been convicted of, or admits having committed, or admits committing acts which constitute the essential elements of a crime involving moral turpitude (CIMT). An alien cannot be found inadmissible based on admission with respect to a crime for which the alien has been tried and acquitted, or, for which, charges have been dismissed by a court.

INA 212(a)(2)(A)(ii) describes a few exceptions to the general rule that a crime involving moral turpitude makes an alien inadmissible, as noted below.

1. Purely political offense: Defined in DOS regulations at 22 CFR 20.41(a)(6). Includes offenses that resulted in a conviction obviously based on fabricated charges or predicated on repressive measures against racial, religious, or political minorities.

2. INA 212(a)(2)(A)(ii)(I): Only 1 CIMT was committed, and The alien was under age 18 at the time, and The CIMT was committed and the alien was released (if confined) more than 5 years before the date of application for a visa, admission, or adjustment of status.

3.  INA 212(a)(2)(A)(ii)(II): Only 1 CIMT was committed, and The maximum penalty possible did not exceed 1 year, and If convicted, the sentence imposed did not exceed 6 months (regardless of the time actually served).