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Behavior and History that Will Make a Texas Immigrant Ineligible for Cancellation of Removal

Fingerprint cardThis is the next post in our series discussing what undocumented Texas immigrants need to know about applying for cancellation of removal in court proceedings. Our last post explained what documentation is necessary to prove  ten years of continuous presence in the United States. In this post we will be discussing what history will make a person ineligible based on the “good moral character” clause.

Criminal activity of any kind will generally make a Texas immigrant ineligible for cancellation of removal

When a cancellation of removal is granted then it is generally thought of as a humanitarian act that is done for a deserving person who has a family that needs him. The US government is not quick to provide this relief to anyone other than those who have lived a clean and respectable life. The application takes pains to ensure that the applicant in question lives up to the government’s standards.

The application will ask questions regarding whether or not the person is a “habitual drunkard,” whether the majority of a person’s income comes from illegal gambling, if the applicant engages in prostitution, is a polygamist, or has been involved in any group that persecutes others based on gender, religion, or political leanings.. If a person has been convicted of any offense, no matter how minor, they will have to explain in detail and take steps to show that they have actively rehabilitated since the incident. To further prove your moral character, it is recommended that affidavits from witnesses be submitted with your application. When possible it is recommended that witnesses be citizens of the United States, and it is highly recommended that your employer be one of the witnesses to submit a statement. Texas residents facing this process should consult with an attorney.

Texas residents may face criminal prosecution if they lie on an application for cancellation of removal

When applying for Cancellation of Removal, it is important to remember that you are required to swear that the documents you submit and the statements you make on your application are true. While it may be tempting to lie about a past arrest or gambling addiction, if you are caught lying on your application, you may be subject to criminal prosecution. Penalties may include fines and even imprisonment.

If there is something that you are not sure about regarding your “moral character” it is best to consult with an immigration attorney first, before proceeding with your application. For additional assistance, contact our Austin immigration lawyers today.

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