Wednesday, December 30, 2015

What is ‘good moral character’ and its role in immigration?

The term ‘good moral character’ has been defined by US courts as behavior expected from average Americans towards their neighbors and the community where they live. OJ Simpson, Aaron Hernandez, and many others across America’s landscape failed to comprehend this understanding which ties into the golden rule. And these are legal citizens which society has dealt with in their own unique way. 
There is a set of examples in US immigration law (http://immigration.usattorneys.com/) of what constitutes bad moral behavior, which is considered in an immigrant’s application for the process of completion of naturalization. What Juan Francisco Lopez-Sanchez did was horrendous and certainly qualifies for bad moral behavior.
Immigration lawyers stress the fact that the United States Citizenship and Immigration Services (USCIS) will investigate your past if you have applied for naturalization. They will look into your conduct over the five-year period prior to submission of the application or over the past three years if you have married a US citizen. Your application will be cancelled if they find evidence indicating bad behavior. But it is very difficult to find out the truth about someone if they are coming from a host of other countries, Syria is certainly one of them.  
Some signs of bad behavior are as follows:  
  • Remember, the USCIS excuses a single offense of possession of 30 grams or less of controlled substance. But if they find you are a repeat offender with convictions against your name then the application will be cancelled.
  • You must not be have been convicted and served a prison term of more than 180 days.
  • You must not have convictions for gambling offenses. The federal agency may excuse up to two convictions.
  • Must not take part  in prostitution.
  • Must not smuggle illegal immigrants or aliens into America or anywhere.
  • Must not be a habitual drunkard.
  • You must register with the US Selective Service program if aged between 18 and 25 years.
  • Must not be convicted of aggravate felony or murder. This means that you were arrested for an armed bank robbery, drug trafficking etc. Even charges such as financial fraud and bribery falls under this type of felony.
How to prove good moral character?

According to immigration attorneys, proving good moral character isn’t difficult. If you have a clean record you can pass the test. In addition, if you appear to be a law abiding citizen to your neighbors you will have no problem. You can get recommendations from your neighbors, employers as well as your church pastors, if need be, without any problem.
Honesty is crucial
USCIS personnel will ask you a series of question that you ought to reply to honestly especially when it comes to your past problems with the law. Even minor offenses such as a possession charge several years back or a minor traffic violation must be reported truthfully. Failure to divulge any information will simply indicate that you are dishonest and do not have good moral character. They could be trying to hide something.
If you face any hurdle it is prudent to speak with an immigration lawyer. 
Here are a few issues you ought to clarify with your lawyer:
  • If you have prior conviction that you have listed in your application, the USCIS might ask for a copy that is sealed by the court. Therefore, ask your immigration lawyer to help obtain a copy. In addition, confirm with your lawyer whether an expunged conviction many years ago must be listed in the application.
  • If you are wrongfully arrested but later released by the police and based on this arrest your application is rejected, ask your legal representative if you can appeal the denial. 
This is complicated. No one said it is not. You need legal help. It is foolhardy if you try to go through this process alone. You can find all the legal help you will never need using this legal digital tool: http://immigration.usattorneys.com/

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