How can you even the scale? Please feel free to share our posts with friends and family. Does presentation matter when filing with Immigration? Remember, the more diverse your proof, the less room for denial by discretion. This bar to GMC does not apply in certain cases where the applicant was involved in the smuggling of his or her spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law before May 5, 1988. Be thorough in reporting even incidents like a simple traffic ticket. This blog discusses the Good Moral Character requirement. Getting married? In preparing my clients for the interview, I explain that they should not take offense at the Immigration Officer asking if they have ever been a member of a Vigilante Unit or Militia or any other such questions. fraud, bribery, counterfeiting. If you know you have never been arrested or convicted of any crime, including DUIs, gambling mishaps, or domestic violence, then all you have to do is send in proof. Do you still have questions on good moral character? This could include police reports from the local precinct documenting the arrest, certified court records, expulsions, and documents verifying completion of parole or community service. Failure to tell the truth can become a much more serious concern than the violation itself. This is optional, but it may be useful to provide letters from people such as neighbors, church or other religious leaders, and employers who can vouch for your good moral character. The decisions from the If you have prior arrests or convictions, you will need to provide certified copies of all related documents. This term does not include lesser included offenses, such as negligent driving, that do not require proof of impairment. If a minor crime or activity that may show a lack of good moral character applies to you, you may consider waiting until the statutory 5 years have gone by with a “clean” record before applying. The commission, conviction or imprisonment for, an unlawful act, during the statutory period for naturalization, may render an applicant ineligible for naturalization should the act be found to adversely reflect on moral character, unless the applicant can demonstrate extenuating circumstances. The problem many of our clients face is that it’s easy to get in trouble, and those records are usually readily available to be found, but evidence of good deeds often go unnoticed. Copyright 2020 | Rasoulpour Torregoza PLLC | All Rights Reserved. Examples of unlawful acts recognized by case law as barring GMC include, but are not limited to, the following: conspiracy to distribute a controlled substance; In general, applicants must show they have been, and continue to be, people of GMC during the statutory period before filing for naturalization and up until they take the Oath of Allegiance. How to Handle an Immigration (USCIS) Employment Site Visit, How to ace your L-1 employment visa interview, Did your Notice to Appear (NTA) have a date, time, and place? The same goes for those convicted of another aggravated felony (including drug trafficking and armed bank robbery, as well as lesser crimes like bribery or counterfeiting) after November 29, 1990. To do this, we recommend our clients to obtain the following: An FBI background check request for personal use requires a simple form and your fingerprint “card” from a live scan location. What Should I Bring to My Marriage-based Immigration Interview? Church or volunteer work qualify as community involvement. In order for your cancellation of removal to be granted, you must prove the four requirements: Many clients have questions on how to prove and document good moral character. There are certain instances when submitting evidence of good moral character does not help your case, e.g., late-filed asylum applications. 7 . How Jeff Sessions’ recent decision affects Asylum seekers. What happens at a naturalization interview? If the applicant shows extenuating circumstances, an offense of adultery should not adversely affect the GMC determination. Past results are no guarantee of future results and prior results do not imply or predict future results. When evaluating for discretion, the government weighs the negative against the positive. Honesty. Do I need proof of residence/citizenship to get tested for COVID-19? Extenuating circumstances may include instances where the applicant divorced his or her spouse but later the divorce was deemed invalid or the applicant and the spouse mutually separated and they were unable to obtain a divorce. How can I prove good moral character?, Is there such a thing as an affidavit of good moral character? Email this Page… 05-27-2012, 06:02 PM #1. Citizenship? The Coronavirus and Entry into the United States, Telling your story in your immigration application or petition, 4 Common Mistakes On Immigration Applications and Petitions. The questions include things like – Were you ever involved in any way with …. Serving The Asian-American Community In The Greater Los Angeles Area Since 1965. How do i prove good moral character . Our clients don’t remember every fundraiser they participated in, are not formally in any organization, and feel embarrassed to ask for declarations from their community. Have you ever been a prostitute or a bigamist? Your email address will not be published. Here’s what you need to know…, How to check your Immigration case status online. More. Want to get Naturalized? Please contact us, we have extensive experience in naturalization and other immigration matters. Contact Ronald P. Mondello, Esq. If I marry a US Citizen, will I avoid deportation? A “clearance letter”, sometimes referred to as a “police clearance letter”, used to be obtained from the local police department, but many departments, such as Los Angeles County, no longer provide them for USCIS purposes. What does “Public Charge” mean and how does it affect me? Reasons why legal permanent residents should apply for U.S. A cancellation of removal is your request to an immigration court to stop your deportation. In New Jersey, referrals to federal immigration officials by local and state police has nearly doubled since the New Jersey Attorney General issued a directive requiring local law enforcement to notify immigration officials when undocumented immigrants are charged with crimes. Controlled Substance Violation: Violation of any law on controlled substances, except for simple possession of 30g or less of marijuana. Browse related questions. It’s difficult, but not impossible (depending on your individual situation). What is the Census and should I complete it if I’m out-of-status? What are the requirements for U.S. Ask a lawyer - it's free! The law requires an applicant to prove Good Moral Character for the last 5 years. Start planning for your immigration adjustment now! Why Should The Defense Attorney Read This Information? What should I expect during my citizenship interview appointment? A closer look at the Immigration and Nationality Act (INA) Section 101(b)(f), which forms the basis of the policy guidance, tells us everything that is not good moral character. The most important thing is that you provide the court with documentation of every requirement you must prove. Gambling: An applicant who has been convicted of committing two or more gambling offenses or who derives his or her income principally from illegal gambling activities during the statutory period is precluded from establishing GMC. is a Miami-based immigration law firm serving both businesses and individual clients throughout the state of Florida, the United States, and numerous other countries around the world. The law states that you have to submit proof of your eligibility, which USCIS will cross-reference with government records. Imagine a scale where your negative history weighs three times more than each positive act. Although not a requirement, you can also submit letters from people within your community to prove that you have good moral character. The following sections provide examples of acts that may lead to a finding that an applicant lacks GMC “for other reasons.”. Did you enter the United States with an active visa or green card? We have helped clients in New York and New Jersey. Absence of any sort of police record, could be one way. The commission, conviction or imprisonment for, an unlawful act, during the statutory period for naturalization, may render an applicant ineligible for naturalization should the … Should I be worried about Social Security Administration’s “No Match” Letter? The U.S. Share. You might think immigration is the government, and the government has all your records, but it doesn’t matter. Each case is different and must be judged on its own merits. Do Probation Violations Have Immigration Consequences? Follow us on Instagram, Twitter, Facebook or LinkedIn for up-to-date immigration news. How Can I Prove My Good Moral Character for Naturalization? The commission of the offense resulting in conviction and confinement does not need to have occurred during the statutory period for this bar to apply. What’s the difference? Form N-400 Application for Naturalization, Any crime against a person with intent to harm, Fraudulent green card activity or false testimony for the purpose of obtaining an immigration benefit, Violation of controlled substance (drug) laws. We recommend you seek legal representation in assisting you to determine whether or not you are eligible for the relief you seek. If this is you, then be prepared to provide five years worth of history. If you were living abroad, or are currently in a foreign country, you would need to obtain a Certificate of Non-criminal Record from your country of residence. Federal immigration law provides that an immigrant is required to be of good moral character to be eligible for many immigrant visa applications, permanent resident applications and most other immigration applications in the United States.. fraud, theft, robbery, forgery), Sexual and Family Crimes (e.g. Some more serious ones are also grounds for deportation. Job Portability: Can I change jobs while I have a pending employment-based green card application? We have prepared requests for discretionary relief with Requests for Joint Motions, Prosecutorial Discretion (PD), and in Immigration Court when we request the Immigration Judge to exercise PD and adjust our clients status in court. Other situations in which we’ve had to prove “good moral character” includes removal defense, e.g., if you want to qualify for Cancellation of Removal; extreme and unusual hardship waivers (I-601, I-212), Violence Against Women Act self-petitioners (VAWA, I-360), and any request for discretionary relief. What Can Prevent a Finding of Good Moral Character? Selective Service. One week left to register for the 2019 Diversity Lottery! Set up a one-hour consultation with us before acting on anything you read here. Whenever policy manuals lack a clear definition, it is up to you to prove you are worthy of discretion. In my last blog I listed the requirements for Naturalization which included age, time as a permanent residence, continuous residence, physical presence in the U.S. and Good Moral Character. Representation Before USCIS & US Department of State & US Department of Labor, What is happening with TPS and can I get a new or extended Employment Authorization Document, Online Citizenship & ESOL Classes (August 26 – December 19, 2020).