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For removability under 237(a)(2)(A)(i), a crime of moral turpitude must occur within 5 years after "the date of admission."  In Alyazji, the Board (re)defined "the date of admission," abrogating Matter of Shanu in part.
The date of admission for this purpose is now the date of the admission by virtue which the person was present in the United States at the time of committing the crime of moral turpitude.  A few different scenarios illustrate the application:
  • A person who entered the U.S. without inspection would never be subject to this ground of deportability because he has not been admitted.
  • For a person who last entered the U.S. without inspection and then adjusts to permanent resident status (perhaps under 245(i)), the date of admission is the date of adjustment.  This is the case even if the person had a prior inspection and admission (perhaps on a tourist visa as a child), but then departed.
  • For a person who last entered the U.S. on a visa and then overstays or violates the terms of the admission before adjusting status to lawful permanent residence, the date of arrival on the visa is still the date of admission.
  • After obtaining lawful permanent resident status, a noncitizen does not obtain a new date of admission unless one of the exceptions at INA 101(a)(13)(C) applies (seeking return to the U.S. after abandonment of residence, absence of more than 180 days, removal, illegal activity abroad, commission of a crime identified in INA 212(a)(2) absent a waiver, etc.).

Read the opinion at