To enter the United States, travelers must show that they are admissible under US immigration law. A common reason for refusal is a past criminal record, especially where the conviction involves a crime of moral turpitude (CIMT). Admissibility, not “good moral character,” is the legal standard that applies at the point of entry or visa issuance.
Generally, if you have any record involving a CIMT, a controlled substance violation, or certain other serious crimes, you will not qualify for ESTA and therefore cannot travel under the Visa Waiver Program.
Attempting to enter the US under the VWP while concealing an offense is not a separate criminal prosecution, but it is treated as fraud or willful misrepresentation under INA § 212(a)(6)(C)(i), which can lead to a permanent bar from the United States.
Those affected must apply for a suitable visa and, if required, a criminal waiver of inadmissibility.
Having a criminal record does not automatically make someone inadmissible. The nature of the conviction, the sentence, and the type of offense all determine whether the person qualifies to enter the US.
Individuals convicted of a CIMT are generally inadmissible unless an exception applies. Understanding which offenses are treated as CIMTs is critical when assessing eligibility for travel or visa applications.
Section A: What are Crimes of Moral Turpitude?
Crimes of moral turpitude are not defined by statute. The term comes from case law and agency guidance and refers to conduct that is inherently base or depraved, paired with a culpable mental state such as intent, knowledge, or recklessness. In practice, officials look at the legal elements of the offense rather than the label used by a foreign court. If the statute requires dishonest or malicious intent, it is more likely to be treated as a crime of moral turpitude.
A common group of crimes of moral turpitude involves fraud or theft. Offenses such as fraud, forgery, embezzlement, identity theft, and passing bad checks with intent to defraud typically qualify because they require deceit or an intent to cause loss. Theft or larceny is usually included when there is an intent to permanently deprive the owner of property. Burglary with felonious intent and robbery, which combines theft with force or intimidation, are also regularly classified as crimes of moral turpitude.
Crimes of violence may be included when the statute requires intent to cause serious bodily harm or extreme recklessness. Examples include aggravated assault, domestic violence offenses that require intentional injury, sexual abuse offenses, rape, manslaughter based on depraved heart recklessness, and murder. Offenses that corrupt the justice system also feature often, including perjury, bribery, obstruction of justice, and certain forms of tax evasion involving willful intent.
Not every offense with a victim is a crime of moral turpitude. Simple assault, disorderly conduct, and most negligence or strict liability offenses generally fall outside the definition. A single DUI without aggravating factors is typically not included. Because classifications vary across jurisdictions, the analysis focuses on the statute’s elements and the record of conviction. Section B will address how these classifications affect immigration positions and the limited statutory exceptions that can overcome a finding of moral turpitude.
| Offense example | Typical elements indicating CIMT | Notes |
|---|---|---|
| Theft or larceny with intent to permanently deprive | Dishonest taking with intent to keep property | Often CIMT; petty offense exception may apply in low-level cases |
| Fraud | Knowing misrepresentation to obtain benefit or cause loss | Core CIMT category across decisions |
| Forgery | Making or using false instrument with intent to defraud | Usually CIMT due to deceit |
| Identity theft | Use of another’s identifying information with intent to defraud | Regularly treated as CIMT |
| Embezzlement | Conversion of entrusted property with intent to deprive | CIMT due to breach of trust |
| Robbery | Taking property by force or intimidation | CIMT; violence and theft elements |
| Burglary with felonious intent | Unlawful entry intending theft or other felony | CIMT when statute includes intent to commit a CIMT |
| Aggravated assault with intent to cause serious injury | Intentional or extreme reckless harm | Often CIMT; simple assault usually is not |
| Sexual abuse offenses, rape | Nonconsensual sexual conduct, coercion, or force | CIMT; may also trigger other grounds |
| Bribery | Corruptly offering or receiving value to influence duty | CIMT due to corruption |
| Perjury | Knowing false statement under oath | CIMT; undermines justice system |
| Obstruction of justice | Willful interference with investigation or proceedings | Often CIMT depending on statute |
| Tax evasion with willful intent | Knowing scheme to evade lawful tax | Frequently treated as CIMT |
| Receiving stolen property, knowing it is stolen | Possession with knowledge and dishonest intent | Usually CIMT; petty offense exception may apply |
| Child abuse offense with intentional harm | Intentional or cruel treatment of a child | Often CIMT; assess statute elements |
Section B: Moral Turpitude Immigration Rules for the US
Crimes involving moral turpitude (CIMT) fall under INA § 212(a)(2)(A)(i)(I) and represent one of several criminal grounds of inadmissibility. The six main criminal categories under US immigration law are:
- Crimes involving moral turpitude (CIMT)
- Controlled substance violations
- Two or more convictions with an aggregate sentence of five years or more
- Drug trafficking
- Prostitution and commercialized vice
- Serious criminal activity where immunity from prosecution was asserted
“Moral turpitude” has no statutory definition. The Department of State and the Board of Immigration Appeals define it as conduct that is inherently base, vile, or depraved and contrary to accepted moral standards, coupled with a culpable mental state such as intent, knowledge, or recklessness. This standard follows Matter of Ortega-Lopez, 27 I&N Dec. 382 (BIA 2018) and is reflected in 9 FAM 302.3-2(B)(2).
Offenses typically classified as CIMTs include:
- Crimes against the person: murder, manslaughter, rape, sexual abuse, aggravated assault, kidnapping, child abuse.
- Crimes against property: arson, burglary, robbery, theft or fraud with intent to permanently deprive, receiving stolen property.
- Crimes against government authority: bribery, perjury, tax evasion, benefit fraud, obstruction of justice.
By contrast, simple assault, driving under the influence (DUI/DWI) or negligent offenses usually do not involve moral turpitude unless intent to cause serious harm is proven.
While criminal classifications differ across countries, US law determines whether an offense is treated as a CIMT for immigration purposes.
Exceptions
Certain offenses are excluded from CIMT-based inadmissibility under specific statutory exceptions.
- Petty offense exception: Applies to a single CIMT where the maximum possible sentence is one year or less, and the actual sentence imposed was six months or less. (INA § 212(a)(2)(A)(ii)(II))
- Juvenile exception: Applies where the offense was committed under age 18 and at least five years have passed since the crime or any confinement ended. (INA § 212(a)(2)(A)(ii)(I))
- Political offense exception: Limited to genuine politically motivated cases; these are narrowly interpreted by the Department of State.
Crimes lacking intent—such as those based on negligence or strict liability—are generally not treated as CIMTs.
Importance of Full Disclosure
All information provided to US immigration authorities must be truthful. Failure to disclose an arrest or conviction can trigger a permanent bar for misrepresentation under INA § 212(a)(6)(C)(i).
Attempting to enter the US without a visa and waiver, or providing incomplete details, can result in refusal or detention. Dishonesty during an interview or at the border has long-term consequences for future visa eligibility.
US border and consular officers have access to extensive data, including Interpol and Five Eyes criminal databases. Even expunged or “spent” convictions abroad can appear during checks, as foreign expungement does not automatically erase the record for US purposes.
Section C: ESTA Criminal Record Rules
The Visa Waiver Program allows eligible nationals to visit the United States for up to 90 days using ESTA authorization. Criminal history affects ESTA eligibility in specific ways. If you have ever been arrested or convicted for an offense involving moral turpitude, a controlled substance violation, or another serious crime, you are generally ineligible for ESTA and should apply for a visa instead. The current ESTA security questions also ask about arrests or convictions for offenses causing serious harm to persons or property, so an arrest alone can require a visa application even without a conviction.
You have to answer the ESTA form accurately. Providing false or incomplete information can trigger a permanent bar for fraud or willful misrepresentation under immigration law. Expunged or spent convictions under foreign law may still appear in US databases, and officers assess the statutory elements and reliable records rather than local labels.
Limited statutory exceptions exist for inadmissibility, including the petty offense exception for a single qualifying CIMT, and the juvenile exception for offenses committed under 18 with sufficient time elapsed. These exceptions are not evaluated within ESTA. Travelers who trigger any disqualifying factor should apply for the appropriate visa. Where a criminal ground applies, a nonimmigrant waiver under section 212(d)(3)(A) may be available through the consular process.
Processing is discretionary and focuses on risk, the seriousness of the offense and the purpose of travel. Contact us for advice via fixed fee telephone consultation if you are unsure about your circumstances.
Section D: Applying for a US Visa with a Criminal Record
Individuals found inadmissible for a CIMT or other offense may seek a nonimmigrant waiver of inadmissibility under INA § 212(d)(3)(A). This waiver allows a person who would otherwise be barred to enter the United States temporarily.
The process involves submitting the waiver request with the visa application at the US embassy. The consular officer reviews the case and, if favorable, forwards a recommendation to the US Customs and Border Protection Admissibility Review Office (ARO), which makes the final decision. USCIS is not involved in this process.
The ARO considers factors such as:
- The risk of harm to US society if the applicant is admitted
- The seriousness of prior immigration or criminal violations
- The purpose and importance of the applicant’s visit to the US
As of 2025, 212(d)(3)(A) waiver adjudications typically take eight to twelve months. Approval is discretionary. If granted, the waiver permits entry for the duration and purpose specified in the visa.
For immigrant visas, different waivers apply under INA § 212(h) or § 212(i), depending on the grounds of inadmissibility.
Travelers with any history of arrest or conviction should obtain legal advice before applying for ESTA or a visa to determine whether a waiver is required.
| Offense example | Why classed as CIMT | Typical impact on US admissibility | Exceptions and waiver notes |
|---|---|---|---|
| Theft or larceny with intent to permanently deprive | Involves dishonest intent to deprive the owner of property | Inadmissible for a single CIMT unless an exception applies | Petty offense exception may apply if max possible sentence is one year or less and actual sentence was six months or less; 212(d)(3) waiver possible for nonimmigrants; 212(h) waiver in limited immigrant cases |
| Fraud, forgery, passing bad checks with intent to defraud | Deceit to obtain benefit or cause loss | Inadmissible based on CIMT | Petty offense exception rarely fits due to typical penalties; 212(d)(3) waiver for nonimmigrants; 212(h) waiver possible where statutory criteria are met |
| Burglary with intent to commit theft or a felony | Moral blameworthiness due to unlawful entry with felonious intent | Inadmissible as CIMT | Petty offense exception unlikely; consider 212(d)(3) for temporary travel; 212(h) may be available in narrow circumstances |
| Robbery | Taking property by force or intimidation shows depraved conduct | Inadmissible as CIMT | No petty offense exception due to penalties and violence; waiver options are case specific |
| Aggravated assault with intent to cause serious bodily harm | Reprehensible violence with culpable mental state | Inadmissible as CIMT | Petty offense exception does not apply; 212(d)(3) waiver may be considered depending on risk and purpose of travel |
| Sexual abuse offenses, rape | Grave violations of personal autonomy and safety | Inadmissible as CIMT; may also trigger other grounds | Exceptions do not apply; waivers are difficult and highly discretionary |
| Bribery, perjury, obstruction of justice | Corruption or interference with legal process involves moral baseness | Inadmissible as CIMT | Petty offense exception rarely available; 212(d)(3) waiver possible for nonimmigrants on strong equities |
| Tax evasion with intent | Dishonest scheme to defraud the government | Often treated as CIMT and inadmissible | No petty offense exception where penalties exceed limits; consider 212(d)(3) waiver |
| Receiving stolen property, knowing it is stolen | Knowledge and dishonest intent make it turpitudinous | Inadmissible as CIMT | Petty offense exception may apply in low-level cases; waiver options depend on facts |
| Domestic violence offense with intentional injury | Violence with culpable intent; may be CIMT depending on statute | Often inadmissible as CIMT; can also affect relief eligibility | Analyze statute elements and record of conviction; waiver availability is case specific |
| Identity theft with intent to defraud | Deceit to obtain benefit or cause loss | Inadmissible as CIMT | Petty offense exception generally inapplicable; consider 212(d)(3) for temporary travel |
| Embezzlement | Breach of trust with dishonest intent | Inadmissible as CIMT | Waiver options depend on equities and purpose of travel |
Section E: Need Assistance?
Immigration admissibility assessments are case-specific and subject to interpretation by the Department of State and US Customs and Border Protection officers. NNU Immigration assists individuals and businesses with complex US entry and waiver cases. Whether you are an employee transferring to the US, a parent planning a family trip, or a business owner expanding operations, our attorneys can assess your circumstances and advise on the best approach.
If you are concerned about how a past conviction may affect your ability to travel to the US, contact us to arrange a fixed fee telephone consultation with a US attorney.
Section F: Moral Turpitude Immigration FAQs
What crimes make you inadmissible to the USA?
Criminal grounds include crimes involving moral turpitude, controlled substance violations, multiple convictions, drug trafficking, prostitution, and serious offenses involving immunity from prosecution. Each case is assessed individually under INA § 212(a)(2).
Can a single DUI make you inadmissible?
Ordinarily, a single DUI without aggravating factors is not a CIMT and does not make a person inadmissible. However, multiple DUIs or those involving injury, recklessness, or substance abuse findings may raise separate concerns under health-related grounds of inadmissibility.
What disqualifies you from getting a US visa?
Grounds of inadmissibility cover health, criminal activity, national security, public charge concerns, fraud or misrepresentation, prior removals, unlawful presence, and other specified categories. Visa refusals for failure to demonstrate nonimmigrant intent under INA § 214(b) are separate from these grounds.
Can I travel to the US on ESTA if I have a criminal record?
You cannot use ESTA if you have been arrested or convicted for an offense involving moral turpitude, drugs or any serious crime. You should instead apply for a visa and, where required, a waiver of inadmissibility.
What if my conviction was many years ago?
There is no automatic time limit that removes inadmissibility. However, you may qualify for the petty offense or juvenile exception depending on your age at the time and the severity of the offense.
Are spent or expunged convictions ignored by US immigration?
Expunged or spent convictions under foreign law remain relevant for US immigration purposes. US authorities focus on the underlying conduct, not local record status.
Is a DUI or DWI considered a crime of moral turpitude?
A single DUI without aggravating factors is not generally a CIMT. Multiple DUIs or those involving injury or reckless disregard for safety may raise other grounds of inadmissibility.
Can I apply for a waiver if I am found inadmissible for a CIMT?
You may apply for a nonimmigrant waiver under INA § 212(d)(3)(A) through the consular process. Approval is discretionary and depends on the purpose of travel, risk to society, and seriousness of the offense.
Does every theft conviction make me inadmissible?
Only thefts involving intent to permanently deprive the owner of property are treated as CIMTs. Petty theft with a short sentence may fall under the petty offense exception.
What if I was under 18 when the offense occurred?
You may qualify for the juvenile exception if you were under 18 at the time of the offense and at least five years have passed since the incident or any confinement ended.
Do immigration officers see foreign police or court records?
The US shares data with Interpol and allied countries under the Five Eyes network. Even closed or expunged cases may appear during background checks.
Can I be permanently barred for lying on an ESTA or visa form?
Providing false or misleading information triggers a lifetime bar under INA § 212(a)(6)(C)(i). Only a waiver can overcome this in limited cases.
Who decides whether an offense is a CIMT?
The Department of State and the Board of Immigration Appeals interpret the law based on the elements of the statute and record of conviction, not how the offense was described by foreign courts.
Section G: Glossary
| Term | Definition |
|---|---|
| Admissibility | The legal determination of whether a foreign national is permitted to enter the United States under the Immigration and Nationality Act (INA). |
| Crime Involving Moral Turpitude (CIMT) | An offense that is inherently base or depraved and involves intent, knowledge, or recklessness, such as fraud, theft, or serious violence. |
| INA § 212(a) | The section of US immigration law listing the grounds of inadmissibility, including health, criminal, security, and fraud-related reasons. |
| Petty Offense Exception | A legal exemption allowing entry despite one CIMT if the maximum sentence is one year or less and the actual sentence was six months or less. |
| Juvenile Exception | An exception applying where the offense was committed under age 18 and at least five years have passed since the offense or confinement. |
| 212(d)(3)(A) Waiver | A discretionary nonimmigrant waiver allowing admission to the US despite certain grounds of inadmissibility, decided by the CBP Admissibility Review Office. |
| Admissibility Review Office (ARO) | The US Customs and Border Protection unit responsible for adjudicating nonimmigrant waivers under INA § 212(d)(3)(A). |
| Waiver of Inadmissibility | Permission granted by the US government to allow entry despite a ground of inadmissibility, available under specific statutory provisions. |
| Willful Misrepresentation | Knowingly providing false information or concealing facts in an immigration application or at the border, leading to a permanent entry bar. |
| Visa Waiver Program (VWP) | A program allowing nationals of certain countries to travel to the US for up to 90 days without a visa, if they qualify under ESTA rules. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.