Good Moral Character Criteria and What Should an Immigrant Do if Convicted

“Good Moral Character” is a test that Green Card holders and applicants for naturalization (US citizenship) should pass. Conviction of a crime of moral turpitude (CMT) would cause a non-citizen deportable and/or at risk of citizenship denial by the USCIS (United States Citizenship and Immigration Services) application.

What is a crime of Moral Turpitude? Crimes that have the obvious Mens Rea (intent to commit) and are morally wrong. Some examples of Moral Turpitude Charges in state of California are ( criminal threats, assault, murder, child abuse, rape, failure to register as a sex offender, felony hit and run, perjury, robbery, receiving stolen property, welfare fraud, attempted lewd acts on a minor,”

The first step approach to charges of an offense in this category for an immigrant is to hire an attorney who knows both about crimes and their immigration consequences. Second is, if obligated to admit, try to plead to a lesser offense which is not categorized as CMT. Third, wait at least 5 years from the day of conviction to apply for citizenship.

CMT do not have a statutory definition. There are not exact sets of crimes that fall under the definition. Although there are some crimes such as murder that is a certain CMT crime, a simple first time DUI is something that is forgiven easier.

This is a legal blog. It is not intended to be used as legal advice. This blog does not create Attorney-Client Relationship. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA) and Orange County Trial Lawyers Association (OCTLA). Ramona Kennedy is fluent in English and Farsi (Persian).

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