- Applicants for many types of immigration benefits and relief from deportation must affirmatively demonstrate “good moral character.”
- Any period of past incarceration may make it difficult for an immigrant to make this “good moral character” showing.
- A showing of “good moral character” can be a written letter detailing the community involvement the individual has engaged in, any awards or recognitions, and pointing out how they have followed all legal rules and regulations (they have not been incarcerated and have no criminal history).
Naturalization Application
- One of the immigration benefits that requires “good moral character” is naturalization.
- Applicants are explicitly asked about past incarceration.
- If a person answers YES, they must report the reason for their incarceration and the disposition of their case.
- Question: Have you EVER been in jail or prison?
Discretion
Immigration authorities also have broad discretion to deny immigration applications based on past incarceration.
- This applies to many types of benefits and relief from deportation including:
- Lawful Permanent Residence
- U Visas
- Special Immigrant Juvenile Status
- Deferred Action for Childhood Arrivals
