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" immoral character " for I-485 application

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  • " immoral character " for I-485 application

    define " immoral character " according to INS

  • #2
    define " immoral character " according to INS


    • #3
      Section 101 states that an alien is found to be lacking in good moral character if..

      For the purposes of this Act-No person shall be regarded as, or found to be, a person of good moral character who, during the period for which good moral character is required to be established, is or was--

      (1) a habitual drunkard;

      (2) stricken by Sec. 2(c)(1) of Pub. L. 97-116.

      (3) a member of one or more of the classes of persons, whether inadmissible or not, described in paragraphs (2)(D), (6)(E), and 18c/ (10)(A) of section 212(a) of this Act; or subparagraphs (A) and (B) of section 212(a)(2) and subparagraph (C) thereof of such section (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana); if the offense described therein, for which such person was convicted or of which he admits the commission, was committed during such period;

      (4) one whose income is derived principally from illegal gambling activities;

      (5) one who has been convicted of two or more gambling offenses committed during such period;

      (6) one who has given false testimony for the purpose of obtaining any benefits under this Act;

      (7) one who during such period has been confined, as a result of conviction, to a penal institution for an aggregate period of one hundred and eighty days or more, regardless of whether the offense, or offenses, for which he has been confined were committed within or without such period;

      (8) one who at any time has been convicted of an aggravated felony (as defined in subsection (a)(43)). The fact that any person is not within any of the foregoing classes shall not preclude a finding that for other reasons such person is or was not of good moral character; or 18b/

      (9) 18b/ one who at any time has engaged in conduct described in section 212(a)(3)(E) (relating to assistance in Nazi persecution, participation in genocide, or commission of acts of torture or extrajudicial killings) or 212(a)(2)(G) (relating to severe violations of religious freedom).
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.


      • #4
        Thank you for your prompt reply.

        Case in question :

        (1)three arrests on the record within the last 3 years.

        (2)1st arrest for " battery " led to the case being dismissed since the accusers did not turn up at court.The state dismissed the case in court.

        (3)2nd arrest again for "battery" led to a no-contest plea as recommended by the defense counsel.

        The court assigned 6 months probation,10 days weekend work,80 hrs community service,psychological evaluation.

        (3)3rd arrest for "indecent exposure "took place whilst still in probation for the 2nd arrest.

        This resulted in a violation of probation so hence there was no bond.

        Time had to be served in jail waiting for the court date for hearing/trial.

        Again, the accusers did not turn up in court.
        The state reduced the original charge of " indecent exposure" to that of "breach of peace".

        The court accepted the time served which amounted to just under 90 days.

        All court costs were paid in full.

        Cases 2 and 3 were declared :ajudification guilty.

        Even though the accusers did not turn up for the 3rd case , the state did not drop the charge but reduced the charge from indecent exposure to breach of peace.

        As a result , the case has 3 arrests for misdemeanors on the record and two dispositions of ajudification guilty and almost 90 days of time served in jail.

        Does this qualify as moral turpitude or immoral character?

        Will this make the case for adjusted of status questionable?


        • #5
          You're not discussing a few unpaid traffic tickets, or a couple citations for speeding.. you're mentioning a "pattern" behavior that involves violent conduct and very questionable conduct. On top, 3 arrests in 3 years..? That reads lack of rehabilitation and a complete disregard for the law. Note that the violations are not technical (i.e. failure to pay a fine on time), the violations are instead a result of violent and indecent conduct. The convictions shouldn't raise to moral turpitude, but that won't keep the officer from noticing all the aforementioned factors and considering them in the exercise of discretion. There's no showing of rehabilitation to counter the criminal activity, on the contrary, the criminal activity prevails over the years involving repeat offenses! (note that in this case the charges were not dropped or reduced as a consideration to the offender or as a result of a guilty plea showing remorse and acceptance of responsibility but instead, the charges where dropped mostly because of technicalities such as failure to testify...).
          If perhaps there was a period of a few years clearly showing rehabilitation and a definite change in the conduct that caused the offense... but not even that is found here.
          The "candidate" needs to seek legal advice from an attorney, a public board is not the place to discuss these matters. This is NOT legal advice!


          • #6
            thanks for the reply houston.


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