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

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.

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Cite as AILA Doc. No. 19121031.

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