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Good Moral Character
It is very important that undocumented
immigrants prove that they are people of good moral character.
Undocumented
immigrants should gather documents proving that they are of “good
moral character” while they have been living in the United States.
While U.S. immigration law has no clear definition of “good moral
character,” the law does state that a person who has been involved
in certain types of bad or criminal conduct cannot be considered a
person of good moral character. If a foreign national cannot prove
that s/he has been a person of good moral character, then it is
unlikely that s/he would be able to obtain his/her green card
through a legalization program.
How does
someone prove that they are a person of “good moral character”?
A foreign national
can prove that s/he is a person of good moral character by showing:
- parental involvement in children’s
schooling;
- payment of income taxes;
- emotional and financial support of
family, and
- involvement in community, religious,
and/or volunteer organizations.
For immigrant men who
are at least 18 years of age and who have not yet reached their 26th
birthday, they should register with the U.S. Selective Service
System. The U.S. government will look at whether the men registered
with the U.S. Selective Service System in order to determine their
good moral character.
Foreign nationals
should start getting involved with their community and with
their church, congregation, mosque, or synagogue. For example, they
should register at their local church.
BEWARE OF NOTARIOS
AND IMMIGRATION CONSULTANTS who
offer help filing applications with the government. Many of these
consultants have taken advantage of undocumented immigrants by
filing applications on behalf of undocumented people without
verifying whether the person is actually eligible for the
immigration benefit.
If a foreign national
has been arrested or convicted in the past, and then applies for an
immigration benefit, he or she could be deported from the United
States – even if the criminal conviction has been cleared! It is
very important that foreign nationals who have been arrested or have
a criminal conviction obtain expert legal advice from a licensed
immigration attorney or a
Board of
Immigration Appeals (BIA) recognized agency
before filing any application with the immigration authorities.
August 3, 2005
DISCLAIMER: This handout is not legal advice. It is for educational
and informational purposes only. If you know of someone who needs
legal advice, advise him or her to consult either a licensed
immigration attorney or an
accredited representative from a
Board
of Immigration Appeals (BIA) recognized agency.
An undocumented
foreign national should not seek legal advice from a notario or an
“immigration consultant” who is not accredited by the BIA. |
