A new decision, Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019), released by the Attorney General has created a rebuttable presumption that a person with multiple DUI convictions during the relevant time period does not have “good moral character.” This means that if a person had old DUI convictions and has rehabilitated themselves, it still will not be enough to establish “good moral character.”
What is “good moral character?”
In certain situations, a non-citizen must prove that he or she has “good moral character.” For example, if a lawful permanent resident wants to become a United States Citizen, he or she will apply for naturalization and must establish that he or she has had good moral character for the past 3 or 5 years, depending on which provision of law they are applying under. Also, a person that entered the U.S. without inspection and who is placed in removal (deportation) proceedings, may be eligible to have their removal cancelled (“cancellation of removal”) if they meet certain requirements. One of those requirements is to prove that he or she has had good moral character for the last 10 years.