Good moral character in Oak Brook VAWA cases is a non-negotiable requirement. While you may feel qualified, USCIS requires that you substantiate your outstanding moral character. For that, you should consider relying on an attorney who could file the necessary paperwork and respond to the proper officials when the time comes. Reach out to an immigration attorney today.
For the government, good moral character is required for anyone 14 years of age and over. The government would look at the applicant’s declaration which is crucial in establishing that character. It looks at whether there were any convictions in the past, and if there are none that caused harm there, the applicant simply states that he or she has never been arrested. Statements from relatives, friends, clergy, employers, anyone who is able to attest to the good character of the person is often helpful.
If there is a bar to that strong character, the petitioner should submit evidence to establish that the act of conviction is waivable under the law and that there is a connection between that act of conviction and the abuse that took place. For example, in those instances, it is quite common for someone who is a victim of domestic battery to have domestic violence in their background. In those instances, an attorney may be able to work around the government requirement for a criminal record and waive those grounds for deportation in the case of immigrants who have been battered or subjected to extreme cruelty.
That would be regardless of whether the primary perpetrator of the violent act was either acting in self-defense or the crime did not result in serious bodily injury. That is just one example of an instance in which one can waive the requirement. Under good moral character, although the statute does not specify a definite period for good moral character, by law there needs to be at least three years of this established behavior before the petition is filed.
Anyone under the age of 14 is presumed to have good moral character. Even if they do not, the government still may find that there is sufficient good moral character if an act or conviction could be waived under the law or if the act or conviction was connected to the abuse suffered at the hands of the abusing US citizen or legal permanent resident. Then, as far as Oak Brook VAWA cases concerned, under the law, the government does not necessarily have to determine whether a waiver can be granted, only that something is available down the road when the person tries to adjust status to get their legal permanent residence.
Any crimes that are inadmissible under the Immigration and Nationality Act that may make a person deportable could be considered as something that would cause a person considered not to have good moral character. If someone does not have it, he or she would be prevented from applying and eligible for VAWA because good moral character is one of the basic requirements of the program.
Suffering from the abuse of another is something that no one should have to go through. When you are trying to escape that abuse through immigration, it could seem nearly impossible. USCIS is not easy to navigate and understand. Instead of giving up or trying on your own, let an attorney familiar with VAWA cases help you submit the correct paperwork and establish good moral character in your Oak Brook VAWA case. Reach out today.