To ensure success in an immigration bond hearing, it is necessary to present evidence of good moral character, and family and social ties. Removal proceedings and immigration detention are procedures by which the US government removes aliens who violate US laws and cause danger to the public. Thus, to prove that the alien may be released even temporarily, it will be necessary to prove that the alien has not violated laws in the past or committed crimes of moral turpitude and they have strong ties to their families or their community. Proof of these constitute proof of good moral character.
Community
What exactly is a “good” and “moral” character?
For the purpose of obtaining leave to post an immigration bond, a detained alien’s character will be considered “good” or “moral” if their character measures up favorably to the standards of average citizens of the community where he lives. This means that the alien has not offended the accepted moral standards of their community.
Judgment
What will the Immigration Judge be looking for?
The Immigration Judge will consider the statements from family, friends, professional colleagues or respected community leaders that show any of the following:
- Closeness or intimacy of personal relationships such as between husband and wife or domestic partners, between parent and child;
- Adequate financial support provided by the alien to their child or children;
- Dependence of minor, elderly, sick or disabled family members on the detained alien for their needs and survival (dependent family members must be US citizens or US lawful permanent residents);
- Financial, emotional or psychological hardship on members of their immediate family who are dependent on the detained alien;
- Length of stay in the US during which they have been law abiding; responsible, and that they provide valuable service to the community.
- The credibility of the detained alien, their candor, demeanor and the plausibility of their statements.
- Evidence of church or religious attendance; participation in sports; participation in hobbies that help the community;
- Evidence of the detained alien’s financial responsibility in paying bills and meeting financial obligations and payment of taxes;
- Evidence of academic, educational or training records;
- Evidence of hard work and income that shows the alien and/or his family will not rely on the US government for support or welfare;
- Evidence that shows that the alien is not a “public charge” (Persons who are deemed in the public charge are primarily dependent on the government for their subsistence or survival, or receive public cash assistance for maintaining income, or receive long-term care at the expense of the US government.
- Evidence of at least one US citizen or US lawful permanent resident who will be willing and able to financially support the detained alien during the removal proceedings if they are temporarily released from detention.
Prison
What factors will show absence of good moral character and lack of value to the community?
Some factors or circumstances show that the detained alien does not possess good moral character or that the detained alien has not contributed positively to the community and are thus, not fit to be released from detention:
- The detained alien is not engaged in a lengthy or stable marriage or committed intimate relationship;
- The detained alien does not support their child or children;
- The detained alien has no good employment history but has been terminated or disciplined at work for dishonesty, fraud, neglect of duties, etc.
- The detained alien has been convicted of violent crimes;
- The detained alien has been convicted of crimes involving fraud or deceit;
Misdemeanors
What if the detained alien has been charged with misdemeanors but has not been convicted?
Please note that the Immigration Judge will consider “convictions” not mere criminal indictments or charges. A conviction is a final decision of a court finding the alien guilty of a crime and declaring or imposing a sentence or penalty for such crime. The penalty may be imprisonment, the payment of a fine or both.
Pickpocket
What if the alien has been convicted of misdemeanors or less serious crimes?
The following documents may be submitted to show good moral character even when the detained alien has a criminal record of convictions for misdemeanors or ordinances:
- Certification from a juvenile criminal court that the alien was a minor when he was convicted (because convictions of a juvenile do not count as convictions for immigration purposes)
- Certification from the military that instead of a conviction by a court martial, the alien was imposed disciplinary action. Disciplinary actions do not count as convictions for immigration purposes.
- Certification from the criminal court that a deferral of adjudication has been entered;
- Certification from the court that the criminal proceeding was dismissed for failure to prosecute (nolle prosequi);
- Certification from the criminal court that the judgment of conviction was later vacated or dismissed because of Constitutional or statutory defects;
- Certification from the governor that a pardon has been granted;
- Certification that the detained alien has been reformed and rehabilitated, has satisfactorily completed probation or parole;
- Certification from the court that the offense for which the alien had been convicted was a purely political offense
If you need assistance in procuring statements or affidavits from friends, family, community leaders and employers or certifications from courts, our immigration attorneys are willing to assist. Call our immigration attorneys today.
One of the requirements for obtaining naturalized citizenship is “good moral character.” What this generally means is that the applicant has maintained the standards of a law-abiding society. “Good moral character”, however, means more than refraining from committing crimes. Yes, it is true that committing a crime is likely to cast doubt on your good moral character — but so can other activities such as unpaid debts.
To some extent, “good moral character” is subjective, because it is based on a comparison of the applicant’s behavior with “the standards of the average citizen in the community of residence.” The standards of the average citizen may vary between, say, Las Vegas, Nevada, and Muscogee, Oklahoma. Nevertheless, there is a minimum standard beneath which no one will be considered to possess good moral character.
Criminal Convictions
US immigration law classifies crimes into three types:
- Murder and aggravated felonies;
- “Crimes involving moral turpitude”; and
- Petty offenses (any other crime).
A conviction for murder or an aggravated felony results in a permanent bar no matter when they were committed (unless you were under 18 on the conviction date). A permanent bar will also subject you to deportation proceedings. Crimes involving moral turpitude result in a temporary bar. The bar is temporary because it only applies as long as the conviction date is within five years of your citizenship application date (three years for applicants married to US citizens).
Petty crimes will not necessarily bar you from citizenship, although the USCIS does have the right to reject your application for petty crimes if the officer reasonably believes that they add up to bad moral character. In making this determination, the USCIS officer will probably take into account the other factors listed below, such as whether you support your dependents.
Criminal Offenses that Did Not Result in Convictions
The USCIS defines “convictions” differently than its colloquial usage. You can be considered “convicted”, for example, if you plead guilty to the offense; or if you confess to it or admit to facts that add up to the offense (even if you are not prosecuted). This means that even if you are acquitted and you later admit to guilt because you cannot be tried twice for the same offense, the USCIS can impose a temporary or permanent bar, depending on the nature of the crime.
Unpaid Taxes
Failure to file your tax returns and failure to pay your taxes are two separate acts that can result in a temporary bar. Failure to pay your taxes, of course, is not necessarily illegal as long as you file a tax return. It can be used as evidence of bad moral character nevertheless (including taxes on income earned abroad). You might be able to avoid a temporary bar by paying your taxes late or by making arrangements to pay them.
Failure to Support Dependents
Failure to support dependents can result in a temporary bar. This offense includes failure to pay child support that a family court assesses against you, regardless of whether the court is located in the US or abroad. It also includes failure to support your minor dependents even in the absence of court-ordered child support.
Failure to pay child support without a court order may not be held against you if you are male and you can show, for example, that you were not married to the mother and that you reasonably believed that you were not the biological father of the child.
“Habitual Drunkard”
Strictly speaking, it is not against the law to be a habitual drunkard, even though this condition typically leads to crimes such as DUI. It can nevertheless result in a temporary bar.
Multiple DUI or public intoxication arrests can establish this offense even if the criminal offenses themselves are considered petty offenses. Other evidence, such as the content of a divorce decree or unexplained periods of unemployment, can also be used to establish this offense.
Bride cheating on groom at the altar
Adultery
Adultery, which is not illegal in many states, and which is rarely prosecuted even in states where it is technically illegal, can still result in a temporary bar if it “tended to destroy an existing marriage.” This definition could include, for example, a situation where the applicant is involved in an adulterous relationship that tends to destroy his or her lover’s marriage.
Other Offenses
The foregoing is only a partial list of the offenses that can result in a temporary bar to citizenship. Other offenses that can lead to a temporary bar include habitual gambling, polygamy, illegal voting, prostitution, smuggling of immigrants across the US border, immigration document fraud and providing false testimony under oath. “Purely political offenses” committed abroad that would be legal in the US under human rights standards will not result in a temporary or permanent bar.