Criminal Defense of Immigrants

(B)  Rebuttable Bars to Good Moral Character.  Unless an applicant establishes extenuating circumstances, s/he will be found to lack Good Moral Character (at least for naturalization purposes) if, during the statutory period, the applicant:

                1.  Willfully failed to or refused to support dependents;[86] or

                2.  Committed adultery, and that adultery destroyed a viable marriage, was “grossly incestuous,” involved prostitution, was “flaunted openly” and involved public scandal, contributed to the delinquency of minor children, resulted in the birth of illegitimate children who became public charges, or included circumstances indicating a disregard for any sexual morality;[87] or

                3.  Committed any unlawful acts that adversely reflected upon the applicant’s moral character, whether or not the actions led to a conviction or imprisonment.[88]

Arguably these rebuttable bars only apply to applicants for naturalization, since the source of these bars is the regulations on naturalization.

[86] See Matter of Dobric, 189 F. Supp. 638 (D. Minn. 1960).  But see Matter of Valad, 465 F.Supp. 120 (E.D. Va. 1979).

[87] INS Interpretation § 316.1(g)(2)(viii); INS Operations Instruction § 316.1(a)(2)(viii).

[88] 8 C.F.R. § 316.10(b)(1).