Navigating U.S. immigration can be daunting, and one crucial yet often overlooked factor is good moral character. This concept significantly impacts your immigration application or defense against deportation. In this guide, we will explore its importance, its influence on various scenarios, and how it can help you achieve your immigration goals.
Understanding Good Moral Character
Essentially, it implies that you have no significant criminal history and fulfill your legal and societal obligations.
The USCIS Policy Manual defines it as meeting the standards of average citizens of the community in which the applicant resides. This means demonstrating positive behaviors such as being a productive member of society, supporting your family, and actively participating in the community.
When Good Moral Character Matters
U Visa and VAWA Self-Petition
Even if you’re in the U.S. without legal permission, you may still qualify for immigration status in certain situations. If you’re a crime victim, you might be eligible for a U visa or a green card under the Violence Against Women Act.
Family-Based Green Card and Waiver of Inadmissibility
If you’re applying for this due to unlawful presence, establishing good moral character is essential. Similarly, for U visa cases, you need to convince USCIS that granting your application is in the public interest.
Naturalized U.S. Citizenship
To become a naturalized U.S. citizen, proving good moral character is a fundamental requirement. This is closely tied to your eligibility for this status.
Duration of Good Moral Character
The period you need to demonstrate good moral character varies with the type of immigration application. For naturalization, you typically need to show a five-year history of good moral character, while cancellation of removal for non-LPRs requires ten years.
Importance for Lawful Permanent Residents (LPRs)
For LPRs, maintaining good moral character is crucial. Committing certain crimes can lead to deportation. Additionally, when applying for U.S. naturalization, you must demonstrate good moral character, especially in the five years leading up to your application. If you travel abroad as an LPR, a criminal history can render you inadmissible upon reentry, highlighting the importance of preserving good moral character.
Good Moral Character in Immigration Court
In immigration court, good moral character often plays a key role. When facing deportation, demonstrating good moral character can help secure relief from removal, such as cancellation of removal for non-LPRs. Even if not explicitly required, convincing the judge that you deserve discretionary relief is crucial. Crimes of moral turpitude can bar non-LPR cancellation, making good moral character even more important.
When Good Moral Character Isn’t the Focus
In some cases, highlighting personal achievements may not be necessary and could even be counterproductive.
U Visa Applications: If you’re applying for a U visa based on substantial mental abuse, showcasing significant achievements during the abuse period might harm your case, appearing contradictory to immigration authorities.
Asylum Cases: When seeking asylum and missing the one-year filing deadline, emphasizing your accomplishments during that period may not help. Focus on explaining why you couldn’t file on time due to circumstances beyond your control. For asylum cases, the conditions you would face in your home country are more relevant than your good moral character. However, bad acts like persecuting others can jeopardize your case.
Can Past legal issues affect my eligibility for Naturalization
Yes, past legal issues can significantly affect your eligibility for naturalization in the United States. Here are the key points to consider:
Criminal Convictions and Good Moral Character
To qualify for naturalization, applicants must demonstrate “good moral character” (GMC) during the statutory period, which is typically five years before applying (or three years if married to a U.S. citizen). Certain criminal convictions can permanently bar you from establishing GMC. These include:
- Aggravated felonies: Such as murder, rape, or drug trafficking .
- Crimes of moral turpitude: Offenses involving dishonesty or violence may raise red flags but do not automatically disqualify you.
Permanent vs. Conditional Bars
- Permanent Bars: Convictions for aggravated felonies result in an automatic disqualification from naturalization and may also lead to deportation.
- Conditional Bars: Other offences may not permanently bar you but could affect your application if they occurred during the GMC period. For example, drug offences or domestic violence can complicate your case.
Impact of Multiple Convictions
- Having multiple convictions, even if some are minor, can complicate your application. USCIS has discretion to evaluate your entire criminal history when determining GMC.
Addressing Past Legal Issues
If you have a criminal record:
- Consult an Immigration Attorney: It’s crucial to seek legal advice to understand how your specific convictions may impact your application and to strategize accordingly.
- Document Rehabilitation: Providing evidence of rehabilitation (e.g., completion of probation, community service) can help demonstrate your good moral character.
5. Honesty in Disclosure
- It is essential to be honest about your criminal history on Form N-400. Failure to disclose relevant information can lead to denial of your application and potential deportation
Good moral character is a pivotal factor in U.S. immigration, influencing the outcome of your application or defense against deportation. Understanding when and how to showcase your good moral character is key to achieving your immigration goals. For personalized guidance, consult an experienced immigration attorney who can help you build a strong case and maximize your chances of success. By demonstrating good moral character, you can pave the way for a brighter future in the United States.
