56130/885
Decided by the Board November 23, 1943.
Good moral character — Section 19 (c), Immigration Act of 1917, as amended.
Good moral character is not moral excellence. It is not destroyed by a single lapse. It is a concept of a person's natural worth derived from the sum total of all his actions in the community.
CHARGE:
Warrant: Act of 1924 — Immigrant without immigration visa.
Mr. John Wendell Bird, of Lansing, Michigan, for the respondent.
Mr. Leon Ulman, Board attorney-examiner.
STATEMENT OF THE CASE: This case was previously considered by us on August 7, 1943, at which time we found the respondent subject to deportation on the charge above specified and entered an order of deportation. On October 16, 1943, we reopened the proceedings to permit him to apply for voluntary departure. The case is now before us on the respondent's formal application for such relief. The case should be considered in conjunction with the case of the respondent's wife in which we have authorized voluntary departure (56138/762).
DISCUSSION: The respondent is a native and citizen of Canada, 50 years of age. He last entered the United States in 1938. He testified that he has resided in the United States continuously since 1916. However, he has never been admitted for permanent residence. He was married on September 14, 1914. There is one adult married child, the issue of the marriage. The respondent's wife is employed, but she is partially dependent on him for support. He is a locomotive fireman and earns $50 per week. His assets are valued at $7,250, consisting of $5,000 in real estate and the balance in miscellaneous personal property. He has never been arrested or convicted of any crime and has submitted documentary proof thereof. The Immigration and Naturalization Service has conducted an independent investigation which satisfactorily establishes that the respondent bears a good reputation. This is supported by the testimony of two witnesses personally acquainted with the respondent and by several letters from responsible parties.
The only unfavorable factor in the case arises from the respondent's illicit relationship with a married woman, which began in 1937 and continued intermittently until 1941. The respondent's wife testified that she is aware of the affair, but that she has condoned it and that her present relationship with the respondent is amicable. This association is the only digression that might be said to constitute a blemish on the respondent's character. It appears that the respondent is cognizant of the gravity of his misconduct, and that he has made no effort to renew the relationship. The issue is whether we can make the finding required by section 19 (c) of the Immigration Act of 1917, as amended, that the respondent has been of good moral character for the preceding 5 years. The term is elusive and difficult of definition. We do not think it should be construed to mean moral excellence, or that it is destroyed by a single lapse. Rather do we think it is a concept of a person's natural worth derived from the sum total of all his actions in the community. On the entire record in the case we think a favorable finding is not unwarranted. The application for voluntary departure is granted.
At the present time we deem it unnecessary to determine whether the respondent's conduct may form the basis for his exclusion, should he apply for admission at some future time in possession of appropriate documents. However, in the event he does apply and it is determined that he is excludable under section 3 of the Immigration Act of 1917 as a person who admits the commission of a crime involving moral turpitude, to wit: adultery, the case should be referred to us for consideration under the seventh proviso to section 3.
ORDER: It is ordered that the outstanding order of deportation and the warrant predicated thereon be withdrawn.
It is further ordered, That an order of deportation not be entered at this time, but that the alien be required to depart from the United States, without expense to the Government, to any country of his choice, within 90 days after notification of decision, conditioned upon arrangements being made with the local immigration office for verification of departure.
It is further directed, That in the event the respondent applies for admission to the United States within 60 days after departure, and it is determined by a board of special inquiry that he is inadmissible to the United States under section 3 of the Immigration Act of 1917 as a person who admits the commission of a crime involving moral turpitude, to wit: adultery, that the case be referred to this Board for consideration under the seventh proviso to section 3 of the said act.