The “petty offense exception” applied to a person with only one conviction for a crime involving moral turpitude (CIMT). Since so many offenses can be classified as crimes involving moral turpitude, many noncitizens risk being excluded even for minor convictions. Coming within the Petty Offense Exception is one way to avoid this exclusion. This exception excuses inadmissibility, but not deportability, on account of a conviction of, or admission of committing, one crime of moral turpitude. It does not excuse any other ground of inadmissibility, such as a drug conviction.

The person must meet the following criteria under INA § 212(a)(2)(A)(ii)(II):

• The person only committed one crime involving moral turpitude (ever);
• The person must not have been “sentenced to a term of imprisonment