Hey! I have a question: What the Heck is Good Moral Character?

This is a topic that I could go on and on about. Unfortunately, there is no single sentence answer, and for clients this can be frustrating. However, I will discuss Good Moral Character in the context of citizenship, since that is a major focus during the naturalization application process.

So What is Good Moral Character you ask? Here is my page full:

A naturalization applicant is required to have Good Moral Character among other requirements to become a United States Citizen (“USC”). Many applicants may think, “well I’m a good person, right? So I must automatically qualify for the Good Moral Character (“GMC”) requirement.”

This is a wrong assumption. Immigration Officers have a broad criteria to determine factors that reflect negatively on the Good Moral Character of the naturalization applicant. See INA § 316.10 (2). Good Moral Character is determined on a case-by-case basis “taking into account . . . the standards of the average citizen in the community of residence.” See INA § 316.10(2). The time period during which an immigration officer evaluates the GMC of the applicant is not limited to the 3 or 5 years preceding the naturalization application or during which the applicant has been a legal permanent resident and the officer may look at the acts or behaviors of the applicant beyond this time if any such acts are relevant to an evaluation of the GMC. See INA § 316.10(2).

The clearly stated acts that will result in the applicant being denied for lack of good moral character and a permanent bar to US citizenship are:

1.    Murder at any time; and

2.    Aggravated Felony as defined under INA section 101(a)(43). See INA § 316.10(2)(b). The list of Aggravated Felonies under INA § 101 (a)(43) warrants a whole other article. However, aggravated felonies for immigration purposes don't necessarily involve physical violence and includes such crimes as failure to appear for service of sentence if the crime is punishable by imprisonment of 5 years or more, or certain cases of bribery or  forgery. 

            Acts that will not necessarily result in a permanent bar from naturalization, but which will result in a “lack of good moral character” finding if committed during the relevant statutory 3 and 5 years preceding the naturalization application include:

1. Crimes of moral turpitude (discussed further below)

2. Two or more “offenses” for which the applicant was “convicted” and the total sentence imposed was 5 years or more. (except for purely political offenses committed outside of the United States).

3. Offenses anywhere in the world involving a controlled substance (but excludes a single offense for simple possession of 30 grams or less of marijuana).

4. Admission of crimes of moral turpitude, two or more offenses punishable by a 5 or more year sentence, and possession of a controlled substance, even if there was “no formal charge, indictment, arrest, or conviction.” See INA § 316.10(b)(2)(iv).

5. Imprisonment for a total of 6 months or more for a conviction or convictions (except for purely political reasons outside of the United States). See INA § 316.10(b)(2)(v).

6. False testimony to obtain any benefit under the Immigration and Nationality Act. See INA § 316.10(b)(2)(vi).

7. Involvement in prostitution and commercialized vice. See INA § 316.10(b)(2)(vii) and INA § 212(a)(2)(D).

8. Human Trafficking. See INA § 316.10(b)(2)(viii) and § 212(a)(6)(E).

9. Past or Present Polygamy. See INA § 316.10(b)(2)(ix).

10. Two or more convictions for gambling or earns income from illegal gambling activities. See INA§ 316.10(b)(2)(x) and (xi).

11. Is or was a habitual drunkard. See INA § 316.10(b)(2)(xii).

12. Willful failure to support dependents or an extramarital affair that destroyed the marital union. See INA § 316.10(b)(3)(i) and (ii).

13. Any crimes (not listed above) which negatively reflect on the applicant’s “moral character” or which resulted in a conviction or imprisonment for the unlawful acts.

Note: An applicant on parole, on probation or a suspended sentence will not be approved for citizenship until they have completed the program. See INA § 316.10(c)(1). Expungement for certain drug offenses have no effect on a conviction finding for the offense. See INA § 212(a)(2)(A)(i)(III); § 241(a)(2)(B); 316.10(b)(2)(ii); and § 316.10(b)(2)(iv). An applicant will not be permitted to show GMC if two or more crimes of moral turpitude (discussed below) were committed during the statutory period, even when one or more has been expunged. See INA § 316.10(b)(3)(ii).

TIP:  You should always be truthful on the application but always consult your attorney first before disclosing any information on an immigration application. Some lack of GMC factors may also result in deportation or removal proceedings. 

So the Next Question is: What are crimes of moral turpitude?

Determining a set list of crimes of moral turpitude is not simple and therefore the criminal history of an applicant should be evaluated carefully by an immigration attorney to determine whether the crime fits certain characteristics of a crime of moral turpitude. It is especially important to research the client’s criminal history because a crime of moral turpitude may render an applicant inadmissible and therefore deportable. Looking at whether an act or an offense is a crime of moral turpitude involves a little more research into case law, since the determination that a crime is one of moral turpitude is determined on a case by case basis, based on the characteristics.

Case law has provided the general characteristics of crimes of moral turpitude. In order for the offense to be a crime of moral turpitude, “there must be an element of evil intent” See D.L. Hawley., Immigration Briefings: Good Moral Character for Naturalization, (citing Goldeshtein v. INS, 8 F.3d 645 (9^th Cir. 1993)). However, evil intent is not required to find a crime of moral turpitude. Acts that are determined to be “contrary to justice, honesty, or morality” and which involve “acts of baseness, vileness, or depravity in the private and social duties which one person owes another, or to society in general, contrary to the accepted and customary rule of right and duty between people.” See D.L. Hawley. Immigration Briefings: Good Moral Character for Naturalization, (citing Islam v. Harrington, 2001 WL 2335852 (N.D. Tx. 2001)).

Some offenses found to be crimes of moral turpitude include:

1.    Embezzlement

2.    Spousal abuse

3.    Sexual assault

4.    Tax Fraud

5.    False information on a tax return

6.    Making a false statement on a driver’s license

7.    False statement under oath for a Green card

The above sample of offenses that have been found to be crimes of moral turpitude are examples of the broad definition of crime of moral turpitude. There are some exceptions, even if you have committed a crime of moral turpitude. 

Moral Turpitude Exceptions:

1.    If the offense was committed when under the age of 18; and was committed or the person has been released from the penal institution more than 5 years before the date of a visa application or date of admission application.

2.    The offense is punishable for 1 year or less and if the alien was convicted, the alien did not spend more than 6 months imprisoned.

When evaluating the criminal history, it is important to determine whether the crime(s) fall under an Aggravated Felony or crime(s) of moral turpitude within the statutory period. Either one could mean deportation, unless one of the exceptions apply. 

Disclaimer: The information on this blog is for informational purposes only and is not legal advice nor does it establish an attorney-client relationship.