Categorical Approach

By Attorney Yifei He

Previously we explained the general definition of what constitutes Crime of Moral Turpitude (CMT) under the Immigration Laws. Courts will generally employ the “Categorical Approach” to determine  whether a criminal conviction triggers deportation.  Under this approach, one compares the generic, Federal definition of the CMT with the State Specific definition of the CMT. Specifically, Courts look at the elements of the crime, and the minimum conduct necessary to satisfy each one. If the Federal definition of the CMT is sufficient similar to the State definition, then one is categorically deemed to have committed a CMT. Otherwise, there is no categorical match. Further legal analysis would then be required to determine whether your crime makes you deportable.

Given the nebulous concept of any criminal offense, you need to contact an experienced immigration attorney to determine the effect of a crime on your immigration status. If you or anyone you know is in the situations I discussed, please contact me for legal assistance. I have handled many successful cases in the past. I will eliminate remaining concerns about your immigration status and your criminal records. Schedule your free initial consultation with me today, so I can help you solve your problem!