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DUI Conviction Not Necessarily Fatal to 42b Cancellation of Removal's Good Moral Character Requirement

Good Moral Character is a requirement for a hopeful applicant to be successful in their Cancellation of Removal for Nonimmigrants application.  The law is less than clear for many applicants as to what they are required to show.  The statute that defines Good Moral Character simply contains a non-exhaustive list of situations that preclude a cancellation applicant from being found to meet the requirement.

What does this mean for people that have been convicted of driving under the influence? Youman, Madeo, and Fasano have successfully represented clients with past DUI convictions in their Cancellation of Removal cases.

Recently our client, a father of five children, received a positive decision during his hearing despite a DUI conviction from a mere 4 years ago.  Our client's evidence of rehabilitation and genuine remorse aided him in his effort to remain in the United States.  Our client now has the opportunity to continue supporting his young son who suffers from many congenital issues affecting his mental and physical development.  Our client's DUI conviction did not foreclose him from the opportunity to raise his children in a country where his son has ready access to the five specialist doctors he regularly visits.

Driving under the influence is a very serious crime.  However, if a cancellation applicant can show genuine remorse and rehabilitation they may still be able to pursue their American dream for themselves and their children.

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