<![CDATA[Good Moral Character - The Law Offices of Norka M. Schell, LLC]]> https://www.thelawschell.com/blog/categories/good-moral-character/ Wed, 25 Mar 2026 20:29:15 GMT en-us <![CDATA[“NY Convictions And Immigration Consequences: What You Need To Know”]]> https://www.thelawschell.com/blog/ny-convictions-and-immigration-consequences-wha/ https://www.thelawschell.com/blog/ny-convictions-and-immigration-consequences-wha/ Wed, 27 Nov 2024 00:00:00 GMT As an immigration and criminal attorney in New York, I’ve seen firsthand the devastating impact of a New York conviction on the lives of individuals, particularly, on noncitizens’ lives. I’ve also seen the devastating impact of deportation on the lives of individuals, and the lives of their family members. Under the Donald Trump second term…

]]> As an immigration and criminal attorney in New York, I’ve seen firsthand the devastating impact of a New York conviction on the lives of individuals, particularly, on noncitizens’ lives. I’ve also seen the devastating impact of deportation on the lives of individuals, and the lives of their family members. Under the Donald Trump second term administration, the challenges are even more daunting.

A New York conviction, on specific crimes, such as murder, rape, child molestation, trafficking, theft, burglary, possession or distribution of controlled substances, crimes related to domestic violence, firearms offenses, and multiple convictions, can lead to severe immigration consequences, including deportation, detention, and ineligibility for immigration benefits[1]. Noncitizens who are in the United States illegally or have a criminal conviction are particularly vulnerable.

Individuals who have final orders of removal and are still in the country are at risk as well, because they are considered to be in the country unlawfully and are subject to arrest and detention by the Immigration and Customs Enforcements (ICE) at any time and be removed from the county without hearing.

The Trump Administration’s aggressive immigration enforcement policies, including mass deportation, have created a climate of fear and uncertainty for noncitizens[1]. The administration’s plans to utilize the military, diplomats, and other government workers to aid deportations have raised concerns about the potential for human rights abuses.

Furthermore, the administration’s use of the 1798 wartime statute known as the Alien Enemies Act to rapidly deport alleged gang members has sparked controversy[1]. Critics argue that this law could be used to justify indefinite detention and removal of individuals without judicial review.

As an attorney, I’ve seen how a New York conviction can lead to a noncitizen being placed in removal proceedings. The consequences can be severe, including separation from family, loss of livelihood, and even danger in the country of origin.

To get ready here are some steps one can take:

Seeking legal consultations: It’s essential for noncitizens who are facing criminal charges or have a criminal record or have a final order of removal to seek the advice of an experienced immigration and a criminal attorney. We can help navigate the complex immigration laws and advocate for the noncitizens’ rights.

Creating a safety plan: Identify emergency contacts, memorizing phone numbers, and providing authorization for emergency contacts to make medical and legal decisions for children are essential steps.

Gathering documents: Collecting identify information, financial documents, and proof of residency can be crucial in case of deportation.

Being cautions of scams: With the rise of deportation threats, scams targeting immigrants are increasing. It’s essential to be skeptical of social media posts promising quick immigration relief and never sharing personal information or paying fees to unverified sources

Stay informed: Staying up-to-date with the latest news updates on immigration policies can help families prepare for potential changes.

Know your rights. Educate yourself about your rights as an immigrant. Regardless of your criminal history, you have rights that must be respected. Understanding these rights can empower you to make informed decisions and protect yourself if you encounter law enforcement or immigration officials.

It’s heartbreaking to see families preparing for the possibility of being torn apart. But by taking proactive steps, they can be better equipped to face the challenges ahead.

[1].https://www.reuters.com/world/us/inside-trumps-plan-mass-deportations-who-wants-stop-him-2024-11-06/

[1]Id.

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]]> <![CDATA[Dui Convictions Affect Good Moral Character (Gmc) Requirements]]> https://www.thelawschell.com/blog/dui-convictions-affect-good-moral-character-gmc/ https://www.thelawschell.com/blog/dui-convictions-affect-good-moral-character-gmc/ Wed, 11 Dec 2019 00:00:00 GMT Release Date: Dec. 10, 2019 U.S. Citizenship and Immigration Services today announced new policy guidance implementing two decisions from the attorney general regarding how two or more DUI convictions affect good moral character (GMC) requirements and how post-sentencing changes to criminal sentences affect convictions and sentences for immigration purposes. On Oct. 25, the attorney general…

]]> Release Date: Dec. 10, 2019

U.S. Citizenship and Immigration Services today announced new policy guidance implementing two decisions from the attorney general regarding how two or more DUI convictions affect good moral character (GMC) requirements and how post-sentencing changes to criminal sentences affect convictions and sentences for immigration purposes.

On Oct. 25, the attorney general decided in Matter of Castillo-Perez that two or more DUI convictions during the statutory period could affect an applicant’s good moral character determination. When applying for an immigration benefit for which GMC is required, applicants with two or more DUI convictions may be able to overcome this presumption by presenting evidence that they had good moral character even during the period within which they committed the DUI offenses. The term DUI includes all state and federal impaired-driving offenses, including driving while intoxicated, operating under the influence, and other offenses that make it unlawful for an individual to operate a motor vehicle while impaired.

Also on Oct. 25, the attorney general decided in Matter of Thomas and Thompsonthat the definition of “term of imprisonment or a sentence” generally refers to an alien’s original criminal sentence, without regard to post-sentencing changes. Post-sentencing orders that change a criminal alien’s original sentence will only be relevant for immigration purposes if they are based on a procedural or substantive defect in the underlying criminal proceeding.

“In response to two decisions from the attorney general, USCIS has updated policy guidance on establishing good moral character for immigration purposes,” said USCIS Deputy Director Mark Koumans. “As the attorney general directed, this guidance enhances public safety by ensuring that USCIS adjudicators consider driving under the influence convictions with the appropriate standard of scrutiny.”

Under U.S. immigration law, there are consequences for criminal convictions and sentences that could render applicants inadmissible, deportable, or ineligible for an immigration benefit. Also, certain immigration benefits require an applicant to demonstrate that an alien has GMC to be eligible for the benefit. For example, naturalization applicants must demonstrate GMC.

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