Tooby's California Post-Conviction Relief for Immigrants

Good Moral Character is required in the following situations:

(1) Cancellation of Removal for Non-Lawful Permanent Residents.  A noncitizen who is inadmissible for crimes is barred from showing good moral character, which is a requirement for obtaining many forms of immigration benefit.[52]  A noncitizen must show good moral character to qualify for Cancellation of Removal for Non-Lawful Permanent Residents.[53] 

(2) Naturalization.  In order to obtain naturalized United States citizenship, a Lawful Permanent Resident must show Good Moral Character for a certain period of time.[54] 

(3) Registry.  Registry is a form of relief enabling an immigrant who has been present in the United States since 1972 to obtain Lawful Permanent Resident status.  This form of relief requires the noncitizen to show Good Moral Character for a certain period of time.[55] 

(4) Suspension of Deportation.  The general form of relief now known as Cancellation of Removal for Non-Lawful Permanent Residents was formerly known as Suspension of Deportation.  To qualify for this form of relief, it was necessary to show Good Moral Character for a certain period of time.[56] 

(5) Violence Against Women Act.  VAWA provides a special form of adjustment of status, and a special form of cancellation of removal, for noncitizens who have been the victim of spousal abuse perpetrated by a person who is a citizen or Lawful Permanent Resident of the United States.[57]  These forms of relief require the applicant to show Good Moral Character for a certain period of time.

(6) Voluntary Departure at End of Removal Proceedings.  A noncitizen may qualify for Voluntary Departure, at the end of removal proceedings, if s/he can show Good Moral Character for a period of five years.[58] 

[52] 8 U.S.C. § 1101(f)(3).

[53] 8 U.S.C. § 1229b(b)(1)(B).

[54] See n. tooby & J. Rollin, criminal defense of immigrants § 24.13(A) (2008); K. Brady, § 11.20.

[55] INA § 249; 8 U.S.C. § 1259.

[56] INA § 244(a)(1); 8 U.S.C. § 1254(a)(1).

[57] This relief was enacted as part of the 1994 Violent Crime Control and Law Enforcement Act, Pub. L. 103-322, § 40701 (September 13, 1994).  See also Violence Against Women Act of 2000 (effective October 28, 2000).  See K. Brady, § 11.19(c).

[58] INA § 240B(b)(2); 8 U.S.C. § 1229c(b)(2).