Good Moral Character in Maryland VAWA Applications

It is necessary to prove good moral character when applying for VAWA because it is one of the threshold requirements that must be met. Good moral character is a sort of nebulous concept in immigration law. There are many things that are defined in the Immigration and Nationality Act Section 101 that define what will disqualify an individual from proving good moral character, but there is nothing that really says what is needed to prove good moral character. It basically means the applicant is a good person and would be a good addition to the US and society in general.

Generally, the determination is if a person does not have one of the disqualifying issues from the disqualifying criteria set forth in the Immigration and Nationality Act then it is pretty easy to prove good moral character because the Maryland VAWA immigration lawyer can help supplement it through reference letters and things of that nature.

Submitting Proof

One thing, however, that is an absolute requirement is to subject yourself to a background check on the State level and then with USCIS to show that you don’t have anything that’s going to statutorily disqualify you from having good moral character.

In order to prove good moral character, a person must submit to a background checks and police clearance letters from every area that they have lived in for more than six months in the past three years. Additionally, they will need to go through a background check with USCIS that will uncover any additional criminal activity on their record. Finally, a person must prove it through their own statements and through statements from people who know them and can attest to their good moral character.

Disqualification of Good Moral Character

There is a list of criminal offenses that will disqualify an individual from proving good moral character but there are some things that are a little bit non-intuitive such as engaging in prostitution or commercialized vice like gambling can sometimes disqualify a person. Those are not very common in VAWA cases, but sometimes we come across them and look for an exception. There are ways that the attorney can get around the prostitution good moral character disqualifying ground.

In some cases, a person will need to speak to an attorney if there is an issue in their case. There can be other issues such as the applicant being an abuser themselves. There are some cases in which a case may not be considered an abusive situation because the government determines it was mutual abuse and that both parties are abusers.  If an individual is a co-perpetrator, that could be a problem for you; so it is really a case by case determination.

If USCIS determines that a person is not of good moral character, then a person will simply not be eligible for VAWA. Good moral character is a requirement and there is no pardon or waiver that a person can apply for that will make an individual eligible for VAWA if USCIS determines they are not a person of good moral character.

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