Crimes of Moral Turpitude

(A)

General Requirements.  To be eligible to apply for a waiver under INA § 212(h), a noncitizen must come within one of the following categories: 

        (1)   the noncitizen is the spouse, parent, son, or daughter of a U.S. citizen or lawful permanent resident, and the noncitizen’s removal would cause extreme hardship to that relative,[516] or

        (2)   the activities that are the basis for inadmissibility occurred at least 15 years before the current application,[517] or

        (3)  the noncitizen is inadmissible only under INA § 212(a)(2)(D)(i) (engage[d] in prostitution) or INA § 212(a)(2)(D)(i) (procure[d] persons for purpose of prostitution).[518]

        (4)   the person is eligible for self-petitioning or cancellation as an abused spouse or child under VAWA.[519]

Those who fall within categories (2) or (3) must also demonstrate that their admission would not be contrary to the national welfare, safety, or security of the United States and that they have been rehabilitated.[520]

[516] INA § 212(h)(1)(B), 8 U.S.C. § 1182(h)(1)(B).

[517] INA § 212(h)(1)(A)(i), 8 U.S.C. § 1182(h)(1)(A)(i).

[518] Ibid.

[519] Under VAWA 2000 amendments, INA § 212(h)(1)(C), 8 U.S.C. § 1182(h)(1)(C) provides that § 212(h) is available if “(C) the alien qualifies for classification under clause (iii) or (iv) of section 204(a)(1)(A) or classification under clause (ii) or (iii) of section 204(a)(1)(B).”  Those sections refer to the VAWA self-petitioning categories, for noncitizens subjected to abuse by a U.S. citizen or permanent resident spouse or parent.  

[520] INA § § 212(h)(1)(A)(ii), (iii), 8 U.S.C. § § 1182 (h)(1)(A)(ii), (iii).