Whether it’s a green card, a citizenship application or just a student visa, one of the provisions for residency in the US is to maintain “good moral character.” And the United States Customs and Immigration Service (USCIS) defines that as not having a criminal record. But speeding tickets are not necessarily the same thing as an assault charge when it comes to immigration court.
Still, there are reports of student visas being invalidated and denied due to minor infractions. This is highly irregular, so let’s look at the law.
What is good moral character?
Good moral character is a major point in US immigration law, this is especially important in green card and citizenship visas. Good moral character does – as mentioned above – look at an individual’s criminal history and “law abiding behaviors.”
But a traffic ticket, such as a speeding ticket paid in a timely manner, is not generally considered an offense that will rise to deportation. That said, the USCIS and Immigration Court can consider any violation, even minor misdemeanors, as a reason to deny an application.
A perhaps greater threat to your immigration status is improperly reporting any speeding ticket or traffic violation on your application. It may be unclear whether a moving violation can cause problems with immigration forms, but omitting relevant details absolutely is a reason for denial.
What’s going on with student visas then?
The story above is relatively recent, from early April and current policy mandates from USCIS and Immigration and Customs Enforcement (ICE) are much more strict. The law does allow states and federal agencies to set whatever lines it wants to flag and invalidate visas.
However, having a visa condition change on you is not a reason to panic just yet. With the right help from experienced immigration lawyers, you can find answers and get clarity. You may even be able to appeal a decision. But, you must move quickly.