Impact of DUI Convictions on Good Moral Character Determinations

Certain immigration benefits require an applicant to demonstrate that he or she has good moral character (GMC) in order to demonstrate eligibility for the benefit. The good moral character standard is cited throughout the INA, and is a prerequisite to eligibility for numerous forms of immigration relief. Recently, the Attorney General held that evidence of two or more DUI convictions during a relevant statutory period establishes a rebuttable presumption of a lack of GMC. An immigrant’s efforts to reform or rehabilitate him- or herself after multiple DUI convictions are considered commendable, but do not demonstrate good moral character during the period that includes the convictions. Absent substantial relevant and credible contrary evidence, two or more DUI convictions require an immigration adjudicator to deny the relief sought.