Good moral character
From Drug Rehab Wiki
This article will focus on the impact of drug addiction on becoming a naturalized United States citizen based on the "good moral character" measure that must be proven.
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Good Moral Character to Qualify for Citizenship
Applicants for US citizenship through naturalization and other immigration benefits such as under the Violence Against Women Act (VAWA), Nicaraguan Adjustment and Central American Relief Act (NACARA), and non-LPR cancellation of removal must prove good moral character in order to qualify. For most applicants, the good moral character need only have been maintained for a certain number of years. For naturalization applicants the general statutory period is five years, however spouses of US citizens need only show three.
Although there is no hard and fast definition of what constitutes good moral character, section 101(f) of the Immigration & Nationality Act (INA) describes what it isn't. Under section 101(f), no person can be found to have good moral character if they have ever committed murder, genocide, torture, assassination, persecution for religious reasons, an aggravated felony (after 1990) or were a member of the Nazi party. For other violations, such as prostitution, alien smuggling, crimes involving moral turpitude, drug offenses (including drug addiction), and habitual drunkenness, the person may apply for the benefit no earlier than five years from when it happened.
Determining Good Moral Character
For naturalization, the moral character determination is a two-step process. First, the naturalization officer must ensure that an applicant is disqualified pursuant to 101(f). If are not automatically disqualified, they are then permitted to proceed with the moral character determination. In theory, the applicant need only show that they conform to the standards of average members of the community. However, naturalization officers have authority to examine virtually any aspect of an applicant's background. Certain negative factors such as willful failure to support dependents, engaging in affairs that destroy an existing marriage, an unlawful act, sexual orientation, fraudulent receipt of a public benefit, immigration violations, failure to register for the draft, and failure to pay income taxes can bar a good moral character finding. Any negative factor must be overcome with evidence of extenuating circumstances or countervailing good character. Further, naturalization applications filed by those who are currently on probation typically get denied.
Habitual Drunkards and Addiction-Related Drug Violations
The fact that those deemed to be habitual drunkards or those who have addiction-related drug violations could be found to have bad moral character is particularly disturbing. Modern medical and psychological research suggests that alcohol abuse and drug addiction is not something a person can completely control. Holding someone, who most likely has mental disorder, in the same regard as a person convicted of burglary is a practice that state criminal justice systems have already acknowledged is wrong. Drug addicts who commit crime in order to pay for future drugs are not criminals; rather they are suffering from an illness that can only be overcome with proper care at an addiction treatment center. Further, US immigration law goes further and considers even those who have simply been under the influence of a controlled substance to have committed an actionable violation.
Determining whether someone suffering from drug addiction is disqualified from citizenship on drug-related grounds is fairly easy as they are typically convicted of drug-related crimes. On the other hand, determining whether someone is a "habitual drunkard" is subject to greater interpretation and can often depend on the specific naturalization officer who is conducting the citizenship interview. Under current immigration law, a habitual drunkard is a chronic alcoholic and evidence of such alcoholism could be proven by reference to the number of DUI (driving under the influence) arrests that the applicant has. Further, an individual may have been deemed an alcoholic during the immigration medical exam required of all intending immigrants and certain non-immigrant visa applicants.
Drug Rehabilitation May Mitigate Past Issues
Active habitual drunkards are statutorily barred from showing the good moral character required of citizenship applicants. If evidence shows past issues with alcohol, a good moral character determination typically requires evidence of comprehensive rehabilitation, such as attendance at a addiction treatment center, and subsequent reform.
N-400 Questions
Immigration officers can glean information about a person's moral character from a variety of resources, including by interpreting answers given on past and current immigration forms. For example, the N-400 Naturalization Application itself requires the applicant to reveal membership or association "with any organization, association, fund foundation, party, club, society or similar group in the United States or in any other place" by listing the name of the group. What if the applicant was or is a member of AA (Alcoholics Anonymous)? If he lists it, will it lead to a finding of habitual drunkenness? One would hope not, but it could certainly lead to additional questioning regarding his experiences with alcohol, as would any arrest or conviction for public intoxication or driving under the influence.
Impact of Prior DUIs
Although there is little guidance to be had on what makes a habitual drunkard, grounds of inadmissibility that involve alcohol could be used by an immigration attorney to argue against a negative moral character finding in the naturalization context. In a recent decision upholding a denial for immigration benefits, the Administrative Appeals Office (AAO) found habitual drunkenness where the applicant had two prior DUI convictions, and a third one after the application was filed. Records from a family law court revealed that alcoholism complicated the applicant's child custody case, forcing the family law court to order random drug testing and participation in AA. His addiction treatment center discharge records indicated that he admitted to using and abusing cocaine and marijuana, but declaring alcohol to be his drug of choice.
This entry was authored by Millie Anne Cavanaugh, Esq., an immigration attorney licensed to practice law in California and Massachusetts. The information contained herein is provided for informational purposes only, and should not be construed as a solicitation for your business or as legal advice on any subject matter. You should not act or refrain from acting on the basis of this information without seeking independent legal advice.
