WHY IS GOOD MORAL CHARACTER IMPORTANT FOR PERMANENT RESIDENT?

Demonstrating good moral character is extremely important when a permanent resident makes the decision to become a citizen of the United States. Just because you are hold a green card does not mean you are eligible to become a naturalized U.S. citizen.

A permanent resident must show the immigration that he or she has been:

  1. continuously residing in the US for 5 years after obtaining Permanent Resident Status ( or if the residency has been obtained through marriage to a US citizen, then three (3) years if he or she is married to and living with the U.S Citizen spouse) or one year after serving in the United States Armed Forces.
  2. physically present in the U.S. for not more than 6 continuous months, and
  3.  a person of good moral character.

What is Good Moral Character?

“Character which measures up to the standards of average citizens of the community in which the applicant resides.” USCIS Policy

A person is said be of Good moral character if the person does not have serious criminal issues in his or her past, and that the person generally fulfills his or her obligations under the law.  If you have ever been charged with and/or convicted of a crimes involving moral turpitude (CIMT), your good moral character will be at issue. A crime involving fraud or dishonesty is usually considered to involve moral turpitude. Other crimes the law considers to involve moral turpitude are: arson, assault with intent to kill or inflict serious bodily harm, bigamy,  blackmail, bribery, bad check convictions; burglary, counterfeiting, larceny, murder, perjury, prostitution, rape, drug crimes, receiving stolen goods, robbery,and sexual offenses.

Crimes that usually do not involve moral turpitude include simple assault, drunkenness, disorderly conduct, gambling  and violations of government regulations.

You will be required to demonstrate good moral character for the five years before you file for naturalization and up until the time you are naturalized. If you became a legal permanent resident through marriage, you must prove three years of good moral character. If you are applying for naturalization through your service in the U.S. military, you must prove one year of good moral character.

Criminal record can affect ‘good moral character’ requirement for citizenship

So what does this mean?

When you submit your naturalization package, the immigration officer will look at the applicant’s conduct during the three-year period or five-year period prior to filing the application to see if the person meets the good moral character requirement.  Some of the things that the immigration officer will look at are:

  • The applicant’s record;
  • Statements provided in the naturalization application; and
  • Oral testimony provided during the interview.

It is important to know that questions about your good moral conduct can be asked about your actions before the relevant statutory periods. An immigration officer can consider earlier serious actions or affiliations that may raise doubts as to your good moral character. However, they cannot rely only on these previous actions or affiliations to deny your application for naturalization, and they must explain how these are related to your present behavior.

For example:  Natasha became a permanent resident on April 1, 2006 through a petition by her mother. After ringing in the new year at a New Year Eve party  with an Appletini, Natasha wished a friends a happy new year and took off in her car on the morning of January 1, 2007. She was subsequently stopped by Officer Mike and arrested for driving under the influence.  She pled nolo contendere and paid a fine. In April 2014, Natasha decided that she wants to become a naturalized U.S. citizen. Although the relevant statutory period is from 2009 to 2014. The immigration officer may consider that 2007 arrest even though it falls outside the five year statutory period.

 

What kind of evidence do you need to show that you are person of good moral character

If you are a person who may have your good moral character questioned, you may still naturalize if you are able to show that you have been rehabilitated. Character statements or character reference letters can be used to show rehabilitation. Good character evidence may come from your employer, neighbors or church. Evidence that you have been involved in the community, like volunteer work is also good evidence. Absence of a criminal record is good evidence of good moral character.

 

You Have The Burden

As an applicant for naturalization, you have the burden of proving your own good moral character. You should fully consider whether any of your past or present actions are questionable. This consideration will help you answer application questions and prepare for your interview. Remember to bring to your interview all documents and information that will help explain issues relating to your good moral character. If you believe that you may have difficulty proving good moral character, contact an attorney for legal advice.

 

Should Artists of “Murder Music” Be Issued U.S. Visas?

“ART” IS SUPPOSED TO OPEN YOUR MIND TO NEW POSSIBILITIES, NOT TO SHOWCASE A CLOSED MIND.

“Boom bye bye Inna batty bwoy head” when translated means, “shoot and kill a gay man in the head.”

This is an anti-gay reggae dancehall song by Buju Banton. This lyric is one of many examples of hate music productions by artists who visualize winning Grammy awards, making millions. Dancehall reggae music is known for its violent content and discontent toward the Lesbians, Gays, Bisexual and Transgender Communities (LGBT).

While the O and P visas are great options to come to America to make money for recording and performing artists, some people are asking if the U.S. dollar should be used to support hate. As Bounty Killer (a famous Reggae Artist) is begging for a visa in a video to come back to the United States, others are asking that the U.S. stand behind its denial of such visas, while considering an out and out boycott of Jamaican Reggae, until such time as the murder inducing hate by revered artists stops once and for all.

THE RISK OF HARM TO SOCIETY IF THE APPLICANT IS ADMITTED

The Immigration and Nationality Act (INA) establishes the types of visas available for travel to the United States and what conditions must be met before an applicant can be issued a particular type of visa. The situations which make a visa applicant ineligible for a visa, called visa ineligibilities, are found in the INA, and other immigration laws.

When a visa applicant applies for a visa, a consular officer at a U.S. embassy or consulate outside the United States determines whether the applicant is qualified, under all applicable U.S. laws, to receive the particular visa applied for. Applicants found qualified are issued visas after all necessary processing is completed. However, the Code of Federal Regulation (CFR) authorizes consular officers to revoke a nonimmigrant visa at any time, in his or her discretion if the consular officer determines that the applicant is ineligible to receive a visa . A consular officer may consider the applicant’s criminal history, record of illness, or other negative factors.

The INA waiver provision allows applicants for admission as nonimmigrants to overcome almost any ground of inadmissibility.  The Board of Immigration Appeals (BIA) has set forth criteria to be evaluated by the Attorney General in making a discretionary determination. The BIA listed three criteria for determining whether to approve or deny a waiver:

1. The risk of harm to society if the applicant is admitted;

2. The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any; and

3. The reasons for wishing to enter the US.

The lyrics above falls into the category of “Murder Music” since it incites violence against the LGBT community would fall into the category of “the risk of harm to society if the applicant is admitted.”

Growing up in Jamaica, I was aware of the strong anti-gay sentiments held by the society at large. Being labeled a “sodomite”, “batty bwoy”, “mawma-man”or “chi-chi man”  in school, would get you bullied, while it would most likely lead to literally death, if you were an adult. It is still pretty much the same today and the U.S. based Human Rights Watch has referred to Jamaica as “The Most Homophobic Place on Earth”

JAMAICAN LGBT ACTIVIST ASKS PRES. OBAMA TO KEEP VISA BAN ON ANTI-LGBT REGGAE ARTISTS

Jason Latty is a Jamaican born human rights activist who sought asylum the United States of America after the abuse and persecution he suffered in Jamaica as a result of his sexual orientation. In a letter to President Obama, he wrote:

In 2010, the United States Government did the right thing. The visa of some of the main offenders producing the music hate, such as Sizzla, Malvado, Beenie Man, Bounty Killa, Busy Signal, Vybz Kartel, and Jah Cure, were denied. The incarceration of Reggae greats such as Ninja Man and Buju Banton has also been a blow to the hate industry cultivated in Jamaica and exported abroad. However there are concerts still being held in the US by Capleton, yet another artist who has called for discrimination and harm to the LGBTI community.

See Full Letter

Visa is a vehicle to travel the world. The Denial and revocation of visas to people who peddle hate, bigotry and violence (and death) towards people, does not deserve an entrance into the U.S., nor should any venue of record give them a place to perform should they be allowed to enter.

“Emancipate yourselves from mental slavery; None but ourselves can free our minds….” Bob Marley