Determining Good Moral Character

S

sc2008

New Member
Do you think CIS is quite discretionary when determining good moral character outside of the five years statutory period?

1. arrested more than 10 years ago; two charges; both dismissed.
2. arrested more than 5 years ago; charges reduced to misdemeanor; probation; then charges dismissed. probation completed more than 5 years ago.
3. applied more than 5 years ago; failed to disclose the two arrests b/c didn't know that one has to (hired law firm that said didn't have to b/c all charges dismissed; believed that one doesn't have to; didn't even have records -- big confusion) so denied based on false testimony, even though disclosed after getting the records. Appealed that decision (a couple of reason for not disclosing the arrests including misunderstanding) but denied based on # 2 above (because probation is within 5 years period).

5 years since, clean records, except for a few minor traffic violations (probably less than three).

Applied again. Answered Yes on the False Testimony question b/c of the first denial. Record is clean for 5 years.

Do you think application will be denied based on their discretion?
 
IMHO, you will need to speak an experienced lawyer and assit your application due to its complicity. Determine GMC is discretionary and IO is not limited to look only statutory period. Certain crimes are considered as CIMT under immigration law regardless how they were dispositioned under states or local laws. That is why it is important to discuss those with experienced lawyer(s). From your posting, I think that your biggest challenge is the "fasle testimony" part, which alone is considered the bad moral. You might want to consider to wait a little longer before apply again, more times you had since the last insident, the better chance you will have. Again, consult experienced lawyer(s) will be your best bet.
 
I agree that "False Testimony" (i.e. lying) to gain an immigration benefit is going to be hard problem to beat - its likely way worse than the original convictions.

My recommendation is that you need to find the help of a good lawyer who can somehow rebut the charges of false testimony. Without that, I don't see how you'd be able to proceed.
 
Yes, regarding first application, a law firm helped fill out the application. law firm did not advise to check records; but state that one does not have to disclose arrests if charges are dismissed. so at first interview, when asked about arrests, said no. so i was confused. also didn't remember the specific about the arrests. after first interview, officer advised to get court records, which happened. then at second interview, gave these courd records to officer, stating that those arrests did happen; said first interview, didn't disclose b/c couldn't remember the specifics of them (like what exactly the charges are -- they tend to arrest for one thing but put a lot of charges with it). also, followed the advise of the law firm, advising that did not have to disclose. After second interview, denied based on false testimony.
Then appealed and went to hearing. After hearing, explained reasons for false testimony but denied anyways based on probation period. Did not lie to get benefits -- Did tell in second interview and there were a lot of reasons for not disclosing in first interview. Answered yes on that false testimony question b/c that's what they claimed on first denial, though not after the hearing.
 
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