Thursday, December 24, 2009

Good Moral Character-What is it and how it affects Immigrants!

Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization.

The Immigration Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder.

An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:

· has committed and been convicted of one or more crimes involving moral turpitude,

· has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more,

· has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana,

· has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more,

· has committed and been convicted of two or more gambling offenses,

· is or has earned his or her principle income from illegal gambling,

· is or has been involved in prostitution or commercialized vice,

· is or has been involved in smuggling illegal aliens into the United States,

· is or has been a habitual drunkard,

· is practicing or has practiced polygamy,

· has willfully failed or refused to support dependents, and

· has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.

An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.

It is critical to consult with an experienced attorney who understands immigration consequences of criminal conviction if one is an immigrant or on path to green card or citizenship. Typically, two lawyers or one lawyer who is fully knowledgeable is needed and hired.