Petty Offense Exception

In the past several months there have been several questions regarding the “Petty Offense Exception.” In response to such inquires, our Los Angeles Immigration Attorneys have asked that this information be posted so that our current clients, and our future clients have access to the information. 

The Petty Offense Exception is a special “forgiveness” under today’s modern immigration laws. It applies most often to individuals who are deemed to be inadmissible under modern immigration laws. To be inadmissible is to be classified as an individual who cannot be allowed to enter the United States for specific reasons. To be inadmissible a person must have committed a crime that involves moral turpitude (CIMT). Please see our definitions page.

However, a person who is deemed inadmissible does not need to apply for a waiver of inadmissibility if he or she only has one CIMT, and that offense falls within the Petty Offense Exception. INA § 212(a)(2)(A)(ii)(II).

Because the Petty Offense Exception is an exception to inadmissibility, the CIMT conviction will not trigger inadmissibility. See N. TOOBY, J. ROLLIN & J. FOSTER, CRIMES OF MORAL TURPITUDE § 4.5 (2d ed. 2005).

In order for this individual to qualify for the Petty Offense Exception the following three requirements must be met:

(1) the individual has committed only one crime involving moral turpitude, at any time;

(2) the crime that the individual was convicted of carries a maximum possible sentence of one year or less; and

(3) the individual was not sentenced to a term of imprisonment of more than six months.

In other words the individual can only have one Crime Involving Moral Turpitude, this crime must be a misdemeanor, and the sentence that the individual received could not have been for more than 180 days.

If this is the case, the individual will be “forgiven” and the individual cannot be deemed inadmissible for this crime!