denial - lack of a good moral character

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paziu

New Member
Hello,

I had an interview over a week ago, after applying for the US citizenship ( in April ), received a denial letter - lack of good moral character - I have been arrested for an improper/disruptive behavior (while under influence) in a bar in 2009. the letter says, I have to apply for a hearing within 30 days, if I do not agree with the decision... Now, I also read, "G.M.C" has to be kept for at least 5 years ( without any arrests ) in order to re-apply for the citizenship.
Is it mandatory? and do things like being arrested for talking "crap" in a bar while intoxicated also apply to the 5 year "rule" - will the hearing be nothing else but just a waste of time for me and the officer?

Thanks & Have a good day,

paziu
 
Were you convicted, given probation or a fine, or was it just an arrest followed by the case being dismissed with no penalty? If you got probation, did you complete it? Did you disclose the arrest on the N-400?
 
Hello,
I did disclose the arrest on N-400, I sent the certified copy of the arrest, the court disposition along with the application in April. The fine was $200 or so, no probation, just a single fine I payed when I went to the court.

Thank you
 
On the surface of it, it doesn't appear that this offense is serious enough to justify denial of your N-400. Consult a lawyer to analyze the details of your case and advise you on your prospects for appeal.
 
paziu said:
Hello,
I did disclose the arrest on N-400, I sent the certified copy of the arrest, the court disposition along with the application in April. The fine was $200 or so, no probation, just a single fine I payed when I went to the court.

Thank you
Click to expand...


Did the denial letter cite a specific section of 8C.F.R.§ 316.10 that was used as a basis for denial? If yes, what was it?

There are a two possible explanations for what might have caused the denial.

1.) 8C.F.R.§ 316.10(b)(2)(i) deals with crimes involving moral turpitude (CIMT):
http://law.justia.com/cfr/title08/8-1.0.1.3.68.0.1.7.html

"(2) An applicant shall be found to lack good moral character if during the statutory period the applicant:
(i) Committed one or more crimes involving moral turpitude, other than a purely political offense, for which the applicant was convicted, except as specified in section 212(a)(2)(ii)(II) of the Act;"

It is not clear (and looks to me somewhat doubtful) that the offense of which you were convicted was a CIMT.
In any case, even if it was, it looks like the "petty offense" exception given in INA 212(a)(2)(ii)(II) would apply anyway:
http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html
"(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed). "

So if the IO invoked 8C.F.R.§ 316.10(b)(2)(i) as the reason for denial, it seems fairly likely that the IO made a mistake.


2.) The IO could have made a discretionary denial, even if such a denial was not mandated by specific provisions of 8C.F.R.§ 316.10.
Namely, 8C.F.R.§ 316.10(b)(3)(iii) gives the IO fairly wide power for making discretionary denials:

"(3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant:
(iii) Committed unlawful acts that adversely reflect upon the applicant's moral character, or was convicted or imprisoned for such acts, although the acts do not fall within the purview of §316.10(b) (1) or (2)."

If the denial was discretionary, it will be harder for you to prevail on the appeal, but it is probably possible given a fairly minor nature of the offense of which you were convicted.

As the others said, quickly consulting a good immigration lawyer looks like a good idea.
 
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