USCIS Issues Policy Guidance Implementing AG’s Decisions on Post-Sentencing Changes and Impact of DUI Convictions on Good Moral Character Determinatio

USCIS announced policy guidance implementing two decisions from the Attorney General on how post-sentencing changes to criminal sentences affect convictions and sentences for immigration purposes, and how two or more DUI convictions affect Good Moral Character (GMC) determinations.

Policy highlights include:

• Incorporates the AG’s decision in Matter of Thomas and Thompson with respect to how state court orders altering a sentence impact a conviction for immigration purposes.
• Incorporates the AG’s decision in Matter of Castillo-Perez regarding the rebuttable presumption of a lack of GMC for two or more convictions for DUI within the statutory period.

These policy updates are applicable to any cases filed or pending on or after October 25, 2019 (date of the AG’s decisions). Comments are due December 23, 2019.

Related Resources

• USCIS Press Release: USCIS Implements Two Decisions from the Attorney General on Good Moral Character Determinations – December 10, 2019
• AG Vacates Decisions and Remands to Assess State-Court Alterations in Light of the Pickering Test – Matter of Thomas and Matter of Thompson, 27 I&N Dec. 674 (A.G. 2019)
• AILA and Partners Submit Amicus Brief on Judicial Alteration of a Criminal Conviction or Sentence
• Attorney General Affirms BIA’s Order in Matter of Castillo-Perez on Multiple DUIs and the Good Moral Character Standard – Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019)
• AILA Submits Amicus Brief on Good Moral Character and Multiple DUIs
• Tracking USCIS Policy Manual Changes