Good Moral Character in Leesburg Cancellation of Removal Cases

When trying to obtain a cancellation of removal, the individual in question will be required to prove to the immigration judge that they are a person of good moral character. Unfortunately, the Department of Homeland Security (DHS) may try to prove otherwise, leaving an individual at the mercy of the discretion of the immigration judge. However, with the help of an attorney, this does not need to be the case.

For help with proving good moral character in Leesburg cancellation of removal cases, be sure to schedule a consultation with a trusted and experienced immigration attorney.

What Does Good Moral Character Mean?

Good moral character is taken into account in two ways. First, the court will investigate whether the individual in question has been convicted for a crime. If they have, they might automatically be disqualified from demonstrating good moral character depending on the seriousness of the offense. Secondly, the court will take into account the person’s ability to convince the judge that they possess good moral character. To do so, the individual will introduce discretionary factors of who they are and what they bring to the community.

Is there a Presumption that One Does or Does Not Have Good Moral Character?

There is no automatic presumption that a person lacks good moral character except certain serious criminal convictions. However, the DHS attorney whose position is to try to remove individuals from the United States will often use the fact that the person has been unlawfully present in the United States as a factor to be considered by the immigration judge. Additionally, this attorney may try to use the fact that  the applicant entered the United States without permission or remained passed the time that they were permitted to on their visa as evidence that they lack good moral character. These arguments can be made by the Department of Homeland Security and the immigration judge is permitted to consider these arguments.

What Factors can Impact the Determination of Good Moral Character?

In addition to a person’s criminal history, the immigration judge will use various factors to determine whether someone has good moral character. Some of these factors include whether the individual in question pays their taxes or has an extensive traffic violation history. In general, the immigration judge will look at a person’s overarching criminal history to discover any indications that shows the person in question does not respect the rule of law. Failure to pay taxes or numerous traffic violations can cause the immigration judge to believe that the person does not have good moral character.

Get in Touch with a Legal Professional Today

If you are currently facing removal proceedings and are trying to apply for cancellation of removal, but you worry that your history will impede you from demonstrating good moral character. It is essential that you get in touch with a legal professional today. An attorney with experience demonstrating good moral character in Leesburg cancellation of removal cases can take charge of your case and help you strategize ways to prove to the court that you are a person with good moral standing. To learn more, schedule a consultation today.