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I-601 Waivers: Prostitution vs Crimes Involving Moral Turpitude?
Transcript of the above video:
As the title of this video suggests, we are discussing issues associated with, well waivers. What we are talking about here are I-601 Waivers specifically regarding prostitution versus crimes involving moral turpitude. They are covered by two different sections of the Act, but oftentimes when people hear these terms, they conflate them. So there is the issue of - we obviously know what prostitution is - and the engagement in that industry if you will in any way shape or form could end up leading to the denial of a visa application on grounds of inadmissibility. Then the remedy for that denial might be, again depending on the underlying circumstances and if prostitution is the only legal ground of inadmissibility that is found in the case, then under those circumstances, the individual has to deal with the aftermath of that, and the remedy is oftentimes a waiver. Okay.
Now let's compare that to crimes involving moral turpitude. Again, two different sections of the Act. Crimes involving moral turpitude are not treated, legally or otherwise, in the same way as prostitution. In fact, in prostitution waivers, the citations that we make or specifically I make in the briefs that I submit to USCIS in furtherance of getting the waiver issued, we make totally different arguments actually, and when you look at the shepherdized law etc., they are based on two sort of different sets of jurisprudence.
Again, what is a crime involving moral turpitude? Things like forgery; again and it may not even be a crime either. I've actually seen cases as banal as a finding of crimes involving moral turpitude associated with trademark infringement, just selling goods, not folks that even knew the trademark goods they were selling were fake, just that they bought them thinking they were real, they got caught selling them; they got cited for it by the police here in Thailand, and then they have got to deal with a CIMT finding when they come to apply for a US Visa. Again I've seen it in the context of even forging a parking pass to park in a parking garage; again that was found to be a CIMT.
But again, the point of this video is to understand that there is a difference between a finding of inadmissibility for prostitution, versus a finding of inadmissibility for crimes involving moral turpitude, and the process - not so much the process - but the arguments that would be put forth in a waiver application are going to be different in the context of a prostitution waiver case as opposed to a waiver case involving crimes involving moral turpitude.
