A person seeking legal residency in the U.S. must be of good moral character for at least ten years. That ten-year period is calculated backward from when the application is finally resolved before the immigration judge.
Even if a conviction or sentence conviction is vacated, the government may consider it towards whether a person has good moral character. For example, having more than one DUI could significantly impact whether a person has a good moral character in the eyes of the government. An experienced immigration attorney can help you collect the necessary evidence for proving good moral character to avoid deportation.
The government looks at Section 101(f) of the Immigration and Nationality Act to define the meaning of “good moral character.” It identifies things a person cannot have in their history, such as being an alcoholic or having convictions for certain crimes. Other conduct that could cause a person to be seen as not having good moral character by the government include:
However, just because an individual has been involved in any of the above behavior does not necessarily mean they do not have good moral character— they would just need to prove so in front of a judge. All of the factors above attract that determination, though, which is why a person should work with a seasoned immigration attorney in these cases.
As part of showing exceptional, unusual hardship, one of the elements a person must prove to get cancellation is that they must establish that removal would result in exceptional and extremely unusual hardship.
The judge will consider the hardship if they were to move outside of the United States and how that would affect them and their family financially and emotionally. If they are getting medical care in the U.S., the judge would also consider what kind of conditions they would be moving into, what they would be giving up, etc.
Our seasoned team of immigration lawyers at Godoy Law Office could help you prove good moral character to avoid deportation. No matter what mistakes you may have made in the past, we can help you present a strong case to the judge, arguing why you should be allowed to stay in the country. Call today to discuss your case with one of our committed legal professionals.