Criminal Defense of Immigrants

Good Moral Character is required for eligibility for various immigration benefits, including naturalization,[67] cancellation of removal for non-lawful permanent residents, [68] former suspension of removal,[69] NACARA suspension and special cancellation,[70] registry,[71] certain benefits under the Violence Against Women Act,[72] certain types of adjustment of status,[73] and voluntary departure subsequent to the completion of removal proceedings.[74]  While most bars to Good Moral Character are temporary, a murder conviction at any time and an aggravated felony conviction after November 29, 1990 are permanent bars to showing Good Moral Character.  See § 15.6(C), infra.

[67] See § 24.13, infra.

[68] INA § 240A(b)(1)(B), 8 U.S.C. § 1299b(b)(1)(B) (10 years prior to application).

[69] Former INA § 244(a)(1), 8 U.S.C. § 1254(a)(1) (1995).

[70] 8 C.F.R. § § 240.65, 240.66 (varies).

[71] INA § 249(c), 8 U.S.C. § 1259(c) (at time of application).

[72] INA § 240A(b)(2)(A)(iii), 8 U.S.C. 1229b(b)(2)(A)(iii) (3 years); but see INA § 240A(b)(2)(C), 8 U.S.C. 1229b(b)(2)(C) (exception where commission of act was connected to battery or extreme cruelty).

[73] See, e.g., INA § 245A, 8 U.S.C. § 1255a (no period indicated for noncitizens described in INA § § 101(a)(15)(A) and (G), 8 U.S.C. § § 1101(a)(15)(A) and (G)).  See also § 24.26, infra.

[74] INA § 240B(b)(1)(B), 8 U.S.C. 1229c(b)(1)(B) (5 years).