Good Moral Character for U.S. Naturalization

Naturalization is the most common way for a foreign national to acquire U.S. citizenship.  USCIS is now expanding on the good moral character (GMC) requirement for naturalization, based on the Attorney General decision regarding DUI (driving under the influence) convictions and GMC last month.

Good moral character (GMC) is necessary to become a citizen. If an applicant has a history of unlawful or immoral actions, this can render them ineligible for citizenship due to lack of GMC.

The USCIS policy manual has been updated with more examples of unlawful acts for adjudicators to use as guidelines. A permanent bar to GMC means that an applicant will never be able to demonstrate GMC. Serious criminal offenses - termed "aggravated felonies" - such as murder, rape, sexual abuse of minor, money laundering, illicit trafficking in firearms or controlled substance, fraud (loss exceeding $10,000), bribery, obstruction of justice, explosives or firearms offense, gathering or transmitting classified information, demanding/receiving ransom, child pornography offenses, alien smuggling, and conspiracy to attempt aggravated felonies are permanent bars. 

Some acts have a threshold to count as a permanent bar, such as requiring an imprisonment term of at least 1 year. These include racketeering, gambling, crimes of violence, theft offenses, and passport or document fraud. 

Aggravated felony convictions from before November 29, 1990, are exempt from the bar. However, the applicant is still subject to case-by-case discretion by the adjudicating officer.

Less serious offenses can also be "conditional bars" to demonstrating good moral character for naturalization. The applicant's conduct during the past 5 years (3 years if based on marriage to a U.S. citizen) is examined as well as the period leading up to the oath ceremony. The following are some of the actions that will result in a conditional bar: conviction or admission of crime of moral turpitude, an aggregate sentence of 5 years of more, 180 days of actual imprisonment, polygamy, smuggling, controlled substance violation, false testimony under oath, gambling, prostitution offenses, habitual drunkard, two or more DUI convictions, failing to support dependents, adultery, and other unlawful acts.

Further, subsequent changes in one's criminal sentence after conviction may not help reduce the impact of the original sentence.  The Attorney General in Matter of Thomas and Thompson held that the original sentencing is to be counted when evaluating convictions for GMC. Any change to the sentence afterwards is not to be taken into account, unless it was made for procedural or substantive defects in the underlying criminal matter. This has huge implications for GMC bars, some of which have thresholds of imprisonment and sentencing terms.

The written law on GMC has not changed. What is changing is USCIS policy on what GMC is and its guidelines for adjudication, especially for naturalization. Officials still have a lot of discretion to judge GMC and will evaluate on a case-by-case basis. Applicants who plan on applying for naturalization should first carefully examine their background.  If there is any doubt about their qualifications, they should first consult with a qualified immigration attorney.