Criminal Defense of Immigrants

(G)  Effect of Relief.  A grant of a waiver of removability will not excuse an offense for purposes of Good Moral Character.[120]  Qualification for an exception to removal (such as the petty offense exception) does excuse an offense for purposes of Good Moral Character.[121]

[120] Chan v. Gantner, 464 F.3d 289 (2d Cir. Sept. 20, 2006) (waiver of deportation granted under former INA § 212(c) does not remove aggravated felony conviction from consideration as a statutory bar to showing Good Moral Character for purposes of eligibility to obtain naturalized citizenship under 8 U.S.C. § 1427); Miller v. INS, 762 F.2d 21 (3d Cir. 1985) (grant of 212(h) waiver does not eliminate the crime for purposes of showing Good Moral Character).  See also Letter, Miller, Acting Ass’t Comm. Adjudications HQ 316-C (May 5, 1993), reprinted in 70 Interpreter Releases 769-770 (June 7, 1993).

[121] Matter of Garcia-Hernandez, 23 I. & N. Dec. 590 (BIA 2003) (petty offense exception); Matter of Urpi-Sancho, 12 I. & N. Dec. 147 (BIA 1956) (petty offense exception).  See also 8 C.F.R. § 316.10(b)(2)(i).