Could Your Charge or Plea Offer Become a Crime Involving Moral Turpitude (CIMT)? Immigration Consequences to Know Before You Plead — Loblack Strategy™

Attorney Peter Loblack | Harvard‑educated | Immigration Attorney for 30+ Years
Offices in Orlando & Plantation, Florida. Serving noncitizens facing criminal charges and convictions throughout Florida, the U.S. Virgin Islands, across the U.S., and globally. Virtual and in‑person consultations available.

Loblack Strategy™ vs. What Defense Counsel Alone and General Attorneys Do

Whether an offense is a crime involving moral turpitude is an immigration question. The sentence structure of the plea often decides the result.

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What Counts as a Crime Involving Moral Turpitude

A crime involving moral turpitude is a technical immigration category. The statute does not list the offenses.

• The test. The category covers conduct that is reprehensible and committed with a culpable mental state.
• The statute of conviction. The analysis compares the elements of the statute of conviction to that definition. The facts of the particular case generally do not decide it.
• Divisible statutes. When a statute lists alternative offenses, the record shows which one the conviction was for.
• The label. A misdemeanor under Florida law can still be a CIMT under federal law.

Attorney Loblack classifies the specific statute of the charge. The next section shows the pattern, and the statute decides the case.

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The Criminal Charge and the Immigration Classification Are Not the Same

The classification depends on the elements of the statute. These examples show the usual pattern.

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Why the Exact Statute and Plea Record Matter

The immigration classification is decided from the statute and the record of conviction. It is not decided from the facts as the client tells them.

• The statute named in the plea. Its elements are compared to the federal CIMT definition.
• Divisible statutes. When a statute lists alternative offenses, the charging document, plea agreement, plea colloquy, and judgment show which one applied.
• The plea itself. What the plea names and what the factual basis states are set with the classification in mind.
• The judgment. It records the sentence ordered, including any suspended term, and the restitution amount.

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Before You Plead: Sentence and Plea Strategy

The sentence terms in a plea offer can decide whether the offense falls inside an exception. These terms are set before the plea, while they can still be negotiated. Attorney Loblack works with the defense attorney on these points.

• Possible sentence. A statute with a maximum penalty of one year or less avoids the single-offense deportability ground, which requires a possible sentence of one year or longer.
• Sentence imposed. A sentence of six months or less keeps the petty offense exception available.
• Number of offenses. A second CIMT removes the petty offense exception and can trigger the multiple-conviction ground.
• Statute of conviction. A plea to a different or narrower statute can change the classification.
• Suspended sentences. The sentence counts as ordered by the court, including a suspended sentence.

Post-conviction relief is covered on the Padilla plea and post-conviction relief page. Removal proceedings begin with a Notice to Appear. The full list of criminal grounds is on the Criminal Conviction Immigration Consequences page.

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When a CIMT Makes You Deportable

Deportability applies to a person who has been admitted, including a green card holder. A conviction is required. An admission of the conduct alone does not make a person deportable.

• Possible sentence. The first ground turns on the sentence that may be imposed under the statute, not the sentence actually imposed.
• Single scheme. The single-scheme exception for multiple convictions is read narrowly.

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When a CIMT Makes You Inadmissible, and the Two Exceptions

Inadmissibility applies to a person applying for a visa, admission, or a green card. It reaches a conviction or a qualifying admission of the essential elements of the offense. INA § 212(a)(2)(A).

• Automatic. An exception applies on its own terms. No waiver application is needed.
• Admissions. A qualifying admission requires a clear explanation of the elements and a free and voluntary statement. General admissions to broad or divisible statutes do not qualify.
• Waiver. Where no exception applies, a CIMT can be waived under INA § 212(h). See the 212(h) waiver page.

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How a CIMT Would Affect Later Immigration Filings

Attorney Loblack sequences these filings, and no filing undercuts the next.

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Myths vs. Legal Realities

Why Clients and Defense Attorneys Choose Attorney Peter Loblack for CIMT Matters

A CIMT is decided at the plea, and the terms of the sentence are the main lever.

• 30+ Years of Immigration Experience. Attorney Loblack has handled criminal grounds of inadmissibility and deportability through plea-stage advice, waivers, and immigration court.
• Statute-Level Analysis. Every case starts with the elements of the statute of conviction.
• Co-Counsel With Defense Attorneys. He works alongside the criminal defense attorney on the sentence terms and the statute of conviction.
• Filings Sequenced. The plea, the waiver, the green card, and naturalization are planned as one case.
• Direct Access to Attorney Loblack. You work with Attorney Peter Loblack, never a call center, a paralegal, or a nonlawyer.