Area of Law: Criminal Records
Answer # 2203
How can people prove their crime is not a 'Crime Involving Moral Turpitude' (CIMT)?Region: Ontario Answer # 2203
The only way to definitely prove to a Customs and Border Patrol (CBP) officer that a particular crime is not a CIMT is to have an official letter from USA Immigration stating this fact. And, as ridiculous as it seems, the only way to receive such a letter is to make a formal application for a USA Entry Waiver.
When applying for a Waiver to legally enter the USA, there are two possible successful outcomes.
- If the Admissibility Review Office determines that the crime was not a CIMT, the individual will receive an official letter stating this fact. Essentially, this type of letter serves as a permanent Waiver and should be treated like gold. It is prudent to save a copy of this precious letter on your computer, and make photocopies and have them notarized in case the original is lost or damaged.
- If the crimes are determined to involve moral turpitude, and if the application is successful, the individual will receive a Waiver.
Either way, whenever the individual wants to enter the USA, he or she will need to carry the Waiver, or the letter stating that the crime was not a CIMT. Only presenting one of these official documents will prove to the CBP officer that the person is no longer inadmissible due to a criminal record.
If you have been charged with a criminal offence, refer to our criminal law section.
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