US DOJ’s Memo Prioritizing Denaturalization Cases

 

On June 11, 2025, the U.S. Department of Justice (DOJ) issued a memorandum directing its Civil Division to prioritize the prosecution of civil denaturalization cases against certain naturalized U.S. citizens. This marks a significant development in immigration enforcement policy, signaling a more aggressive approach to revoking citizenship from naturalized citizens.

Under Section 1451(a) of Title 8 of the U.S. Code, the Department of Justice can file a civil lawsuit to take away a person’s U.S. citizenship, if that person got naturalized either illegally or by hiding important information or lying on purpose.  The recent DOJ memo is significant in several ways.

Civil Denaturalization

First, the DOJ now emphasizes civil denaturalization proceedings, which are handled in federal court and do not require a criminal conviction. This lower burden of proof (preponderance of the evidence) contrasts with criminal denaturalization, which requires proof beyond a reasonable doubt.

The DOJ encourages re-evaluation of old naturalization cases, especially where post-naturalization criminal convictions might uncover fraud or misrepresentation during the original application process.  Further, U.S. Attorneys and DOJ trial lawyers are instructed to coordinate with DHS, particularly USCIS and ICE, in identifying and litigating these cases.

Targeted Criteria for Denaturalization

The memo outlines three primary categories of individuals who may be targeted:

1. National Security Risks – Those suspected of terrorism, espionage, or other threats to U.S. security.
2. Human Rights Violators – Individuals involved in war crimes, genocide, or torture abroad.
3. Fraudulent Naturalization – Cases where applicants allegedly lied or concealed material facts during their naturalization process, such as undisclosed criminal records or immigration fraud.

Under this new policy, a broad range of cases are covered, including naturalized citizens who obtained their green cards through family-based and employment-based immigrant visa categories. Individuals who have had questionable marriages or concealed material facts regarding their marital status could be targeted.  Employment-based cases can be reopened if the bona fides of the job opportunity is questioned. USCIS has interpreted the applications of laws such as AC-21's portability provisions quite generously, but this could change under the Trump Administration.  

Individuals who committed fraud can also be targeted.  This includes: financial fraud against the United States (including Paycheck Protection Program (“PPP”) loan fraud and Medicaid/Medicare fraud); fraud against private individuals, funds, or corporations.  

Individuals who acquired naturalization through government corruption, fraud, or material misrepresentations, not otherwise addressed by another priority category.  

Affected Naturalized Citizens

The criteria listed under the DOJ memo is so broad that any naturalized citizen's case could be reopened for review.  There is also no time limit for civil denaturalization. The following individuals are likely to be targets: 

• Naturalized U.S. Citizens with past undisclosed criminal conduct, immigration violations, or misstatements on N-400 forms.

• Individuals from conflict regions where the U.S. suspects involvement in war crimes or terrorism may face revived scrutiny.

• Individuals who committed fraud or failed to disclose material facts and information in their green card and/or naturalization applications.

Final Note

Denaturalization remains a rare and legally complex process. While denaturalization is legal under 8 U.S.C. § 1451(a), courts have historically limited it to egregious cases involving clear fraud or criminality. The DOJ’s memo signals a renewed institutional focus on stripping citizenship in specific cases — especially those implicating national security or material misrepresentation. Naturalized citizens with prior legal issues should consult qualified immigration counsel to evaluate potential exposure and ensure their naturalization records are in good order.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS Clarifies Admission Requirement for Naturalization

 

U.S. Citizenship and Immigration Services (USCIS) has issued updated policy guidance clarifying the admission requirements for naturalization applicants. This guidance, effective immediately and applicable to both pending and newly filed cases, addresses an important aspect of naturalization law: the lawful admission of applicants as lawful permanent residents (LPRs).

Only Initial Admission Must be Lawful

The updated USCIS Policy Manual specifies that a naturalization applicant must demonstrate they were lawfully admitted for permanent residence only at the time of their initial admission as an LPR or adjustment of status to LPR. Subsequent entries into the United States, regardless of circumstances or legality, do not impact the determination of lawful admission for naturalization purposes.

This clarification aligns with the ruling by the U.S. Court of Appeals for the Fourth Circuit in Azumah v. USCIS, 107 F.4th 272 (4th Cir. 2024). The decision emphasizes that the focus should be on the lawful admission or adjustment at the time the applicant obtained LPR status, not on later reentries. 

After his lawful admission as a permanent resident, Azumah was deemed inadmissible due to a subsequent embezzlement conviction. Upon his return to the U.S. in 2014, the government paroled him into the country and initiated removal proceedings against him.  After dismissal of proceedings, Azumah applied for naturalization, which was denied by USCIS because he was not “lawfully admitted for permanent residence” when he returned to the United States in 2014.  Upon appeal, the 4th Circuit Court disagreed.

The Fourth Circuit’s Rationale

 The Fourth Circuit highlighted that the statutory language under the Immigration and Nationality Act (INA) specifies that naturalization applicants must prove they were lawfully admitted to the U.S. as permanent residents. The term refers to the applicant's initial lawful entry or adjustment of status to LPR. 

The Fourth Circuit rejected arguments that unlawful subsequent entries could retroactively affect the validity of the initial lawful admission or adjustment. This ensures that individuals who met all legal requirements at the time of becoming LPRs are not penalized for later circumstances that do not invalidate their original status.

The Fourth Circuit also noted the practical need for consistent and predictable standards. By focusing on the initial lawful admission or adjustment, USCIS can streamline adjudication and avoid penalizing applicants for unrelated or subsequent immigration complexities.

Why This Matters

For applicants applying for naturalization, this clarification removes uncertainty about how subsequent entries might affect their eligibility. Applicants who entered or adjusted to LPR status lawfully retain their eligibility for naturalization, even if they later faced challenges with subsequent entries.  USCIS has revised its Policy Manual to incorporate this new policy.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Changes in New N-400 Naturalization Application

 

USCIS published a new version of Form N-400, Application for Naturalization, on April 1st, 2024.  There are some significant changes and updates in the new form that applicants should pay attention to.

New Fees:  The new filing fee for N-400 is $760.  If the application is filed online, the fee is reduced to $710.  

Gender:  The new form included a new gender option of "Another Gender Identity", in addition to Male and Female.

Photographs:  Passport photos are no longer required, except for applicants who reside outside the United States, including current members of the U.S. armed forces, their spouses, former members of the U.S. armed forces. These applicants must submit two identical color passport-style photographs of themselves taken recently.

Spousal Information:  The new N-400 eliminated questions regarding former marriages of the applicant's spouse.  Applicants must still provide documents regarding their current and former marriages, such as divorce judgment and death certificate.  However, applicants do not have to provide detailed personal information of their spouse unless the application is based on three years of marital relationship with a United States citizen. These changes have made it easier for applicants to apply for naturalization, as many people do not keep detailed information of their former spouses.

Children's Information: Similarly, the new N-400 application only requests for information of applicant's children who are 18 or under.  The previous version required information of all children of application, regardless of their age.

Social Security Update: If applicants would like the Social Security Administration (SSA) to issue them an original Social Security card or a replacement Social Security card and update their immigration status, they may do so by checking the appropriate boxes in the new N-400 form.   It should be noted that, if an applicant wants a replacement card, he must enter the SSN from their current card in the application.  

After USCIS approves the N-400 application and the applicant takes the Oath of Allegiance, USCIS will provide applicant's information to the SSA.  The SSA will issue an original or replacement Social Security card to applicant.  The SSA will also update applicant's immigration status to that of U.S. citizen.  If you request a name change as part of Form N-400, USCIS will send your updated name to the SSA.

Name Change: The new N-400 form continues to allow applicants to apply for a formal name change.  This is the most efficient way to achieve a legal name change in the United States.  We encourage applicants to make any name changes during the naturalization process.  Applying for a name change through the state court system can be cumbersome and time-consuming.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Voting violations may result in denial of naturalization and deportation

 

In the United States, the right to vote is a fundamental aspect of citizenship, reserved for those who are U.S. citizens. However, the issue of non-citizen voting has sparked debates and discussions, particularly in local elections in some jurisdictions. While some states and localities have explored allowing non-citizens to vote in certain elections, such as school board or municipal elections, federal elections are strictly reserved for U.S. citizens.

Who Can Vote in the U.S.?

According to federal law, only U.S. citizens are eligible to vote in federal elections, including presidential, congressional, and senatorial elections. Furthermore, individual states may have additional requirements for voting in state and local elections, but these typically also mandate U.S. citizenship. Many states also require voters to be residents of the state in which they intend to vote.

Illegal Voting and Green Card Eligibility

The act of registering to vote as a non-citizen, whether intentionally or unintentionally, can have serious consequences, particularly for individuals seeking to obtain a green card (permanent resident status) in the United States.  For example, INA Section 212(a)(10)(D) provides that any non-citizen who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible.  In other words, the person would not be eligible for the U.S. green card.

Furthermore, those who have been admitted into the U.S. can be deported if they have voted illegally, under INA Section 237(a)(6).  This provision states that an individual who, at any time after admission to the United States, has voted in violation of any federal, state, or local law or regulation is removable from the U.S.  It is important to note that the act of illegal voting must have occurred on or after September 30, 1996, when the relevant law was passed. 

Voting Violations May Result in Denial of Naturalization

Immigration law requires an applicant for naturalization must demonstrate "good moral character" for a specific period (usually five years) prior to filing the application and up until the applicant takes the oath of citizenship. 

A person who falsely represents themselves as a U.S. citizen for any purpose or benefit under the INA or any other federal or state law is deemed to lack good moral character.  Similarly, a non-citizens who illegally registers to vote or votes in a Federal, State, or local election may also be found to lack good moral character.  These individuals are not eligible for naturalization.  

In fact, a person who knowingly makes any false statement or claim that he is a citizen of the United States in order to register to vote or to vote in any Federal, State, or local election is subject to fines and imprisonment of up to five years, pursuant to 18 USC §1015.

What Should I do If I Mistakenly Registered to Vote?

Unfortunately, many individuals are encouraged to register to vote at the same time when they apply for their state driver's licenses or ID cards. New immigrants or those with limited English proficiency may just follow instructions to register to vote, not knowing that they are not eligible to register or to vote. They may have mistakenly checked yes to the question asking whether they are a U.S. citizen. Worse, some of them may have actually voted in Federal or State elections.

What further complicates the situation is that, applicants typically don't even know they have violated the laws until the time when they apply for naturalization. The naturalization application (N-400) specifically has questions on this issue, and the applicant must also testify under oath whether they have registered to vote or voted in U.S. elections.

In these situations, if the voter registration was unintentional, the applicant should try to contact the State DMV or election office to cancel the registration, and to gather evidence showing it was a mistake. Evidence might include written statements or affidavits from officials confirming the error. This is not usually easy to achieve, especially if the registration took place a long time ago.

One should not hesitate to seek advice from legal counsel in this situation. A false claim to U.S. citizenship not only results in denial of naturalization, but may also lead to deportation. Consulting with an immigration attorney is crucial, before you file an application for green card or naturalization, to navigate the complexities of the case and present a strong defense during the naturalization process.

Conclusion

Registering to vote as a non-citizen is a serious issue that can lead to ineligibility for U.S. green card and citizenship. Addressing the issue promptly, gathering evidence of the mistake, and seeking legal guidance are essential steps to mitigate the consequences.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Automatic Extension of Green Card After Filing for Naturalization

 

If your green card is expiring soon, applying for naturalization can save you the trouble of extending your green card.  Effective 12/12/2022, USCIS will automatically extend the validity of green cards for legal residents who have properly submitted an N-400 Application for Naturalization. 

Generally, U.S. legal residents are required to file an application (Form I-90) to extend their green cards within 6 months before expiration.  When a legal resident is also eligible for naturalization, she may also submit the N-400 application to apply for U.S. citizenship.  For many years, USCIS has an informal policy that allows legal residents to bypass the I-90 application if they have submitted an application for naturalization within six months of the green card's expiration.  However, without proper proof of legal status, legal residents would encounter problems when they travel internationally or apply for jobs. They would have to make an appointment with a local USCIS office to request for a temporary green card "ADIT" stamp on their passport.

The new policy aims at resolving these issues by affirmatively extending legal residents' green cards when they have properly submitted the N-400 application.  Starting 12/12/2022, legal residents who properly file for naturalization will receive automatic extension of their green cards for up to 24 months. USCIS will update the language of the N-400 receipt notices to reflect this change.  These receipt notices can be presented with the expired green card as evidence of these applicants' eligibility to work and to travel. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Medical Exemption from English and Civics Requirements for Naturalization

Applying to become a U.S. citizen through naturalization is a natural path for the majority of legal permanent residents in America. U.S. citizens enjoy many benefits that green card holders do not. For example, only U.S. citizens may vote in federal elections, including the presidential elections.  Only U.S. citizens may apply for jobs with the federal government.  Obtaining a U.S. passport is another privilege of citizens.  Unlike permanent legal residents, U.S. citizens are not required to reside in the United States.  U.S. citizens also enjoy additional federal and state financial and medical benefits.

Medical Exemption from English and Civics Requirements

Naturalization requires the applicant to meet some English and civics requirements. Civics include studies of American government and history. Some applications are not able to learn English or civics due to their physical or mental impediments.  Fortunately, the law makes some medical exemption for disabled applicants for naturalization.  To apply for medical exemption, an applicant must submit a Form N-648, Medical Certification for Disability Exceptions.  As of November 21, 2022, USCIS will only accept the most current version (8/19/22) of the N-648.

Strict Requirements for Medical Exemption

Some applicants mistakenly believe that it would be easy to obtain exemption. All they need is to obtain a signature by a doctor.  This is far from the truth.  There are very strict legal requirements for the I-648 certification. It must be completed and signed by an authorized medical professional, such as a medical doctor, doctor of osteopath, or a clinical psychologist.  The form must be completed within 180 days before the submission of the N-400 naturalization application.  

Medical professionals can only complete and sign the N-648 certification after a thorough medical examination of an applicant.  They must not only identify and describe the specific physical or development disability or mental impairment that affects the applicant's ability to learn English or American government and history on Form N-648; they must also explain how such disability or impairment prevents the applicant from learning English or American civics.  Further, the physical or mental disability must have lasted or expected to least at least 12 months.  Hence, an applicant can not claim "poor memory" or other mild health issues as basis for exemption.  Also, if the disability is related to illegal drug use, then it would also not qualify for exemption. 

New N-648 Allows Remote Examinations and Oath Waiver

The good news is that, the new N-648 form allows telehealth medical examinations.  Hence, for applicants who are not mobile or are inconvenient to travel, they could still be examined by medical professionals. Also, the medical professional may sign the applicant's oath waiver at the same time.  Before this, an applicant must submit a separate application if he or she wants to apply for a waiver of the oath requirements.  An oath is the final step required for an applicant to become a U.S. citizen.  The purpose is to confirm the applicant's loyalty to the United States, and also his/her willingness to serve and to defend the United States if necessary.  

Exemption by Age and Time

If an applicant does not qualify for medical exemption, she must wait to request for exemption.  To take the test in one's native language, an applicant must be 50 or over and has been a resident for at least 20 years, or must be 55 or over and has been a resident for at least 15 years.  Applicants who are 65 or over and have been legal residents for at least 20 years may take a simple civics test in their native language.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS Reverts Back to 2008 Citizenship Test

On December 1, 2020, the naturalization civics test -- one of the final steps toward gaining citizenship -- was updated to a more difficult 2020 version. The new test added more up-to-date and in-depth questions. Now, USCIS has announced that it will revert back to the old 2008 civics test starting March 1, 2021. 

If you filed your N-400 on or after December 1, 2020 and before March 1, 2021 and will have your interview before April 19, 2021, you can choose to take either the 2008 or 2020 test version. After March 1, 2021, the 2008 civics test will be back in place.

This change is a result of the change in presidency and a softer approach to immigration policy. Specifically, it is to align immigration policy more closely with Biden's Executive Order on Restoring Faith in Our Legal Immigration Systems. 

If you want to read more about the 2020 civics test change, please see our old article on it.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.)  

Naturalization Civics Test Questions to Change December 1st

As part of their interview, naturalization applicants must take a civics test to evaluate their knowledge of American history and government. The civics test will be updated soon. If you filed form N-400 and are waiting for an interview, take note of your receipt date as it will determine which version of the civics test you will be administered. 

The receipt date, or filing date, can be found on the official receipt notice from USCIS in a box titled "Received Date". Applicants with a receipt date on or after December 1st, 2020 will take the 2020 civics test. Those with receipt date before December 1st, 2020 will take the usual 2008 civics test. Note that someone who fails their civics test will be rescheduled to take the same version, regardless of the date. The main differences between the two editions are the number of possible questions you can be asked and how challenging they are. 

Applicants taking the 2020 civics test must correctly answer at least 12 out of 20 questions to pass the civics test -- a large increase from the current 6 out of 10. The 20 questions are pulled from an updated pool of 128 questions. Questions include an updated "Recent American History and Other Important Historical Information" category with topics such as the Persian Gulf War and Dwight D. Eisenhower. Some notably more challenging questions that have been added include "The Nation’s first motto was “E Pluribus Unum.” What does that mean?" and "How many Supreme Court justices are usually needed to decide a case?". 

Applicants 65 years-old or older and with at least 20 years of permanent residence will still only need to answer 6 out of 10 questions correctly, with the 10 questions chosen from a pool of 20. The difference is that the pool of 20 questions have been altered. Applicants can be asked questions such as to name the current Speaker of the House of Representatives or list an achievement of a certain historical figure such as Abraham Lincoln. 

Overall, the civics test questions are slightly more numerous and in-depth, which can make things more difficult for applicants that did not attend school growing up in America. However, the updated (and the current) list of questions and accepted answers is provided on the USCIS website. No matter which test you are slated to take, diligent and timely preparation is key to passing the test and gaining citizenship.

 (Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

USCIS Fees to Increase on October 2, 2020 - Naturalization Will Cost $1,170!

The finalized USCIS fee increases will be effective on October 2, 2020.  Applications postmarked on or after October 2, 2020 must be accompanied by the new fees.  In addition to fee increases, new editions of several application forms, as well as some important policy changes, will also take effect on October 2, 2020. 

Some of the major changes under the new rule include:

1) Higher Fees and New Forms for Employment-based Non-immigrant Petitions Including H-1B, L-1, etc.

Under the final rule, USCIS separates the Form I-129 into several forms for different visa classifications, with different fees. For example, an employer who is filing for an H-1B employee will need to submit the form I-129H1 with the new fee of $555, instead of the uniformed base fee of $460. For multinational managers and executives (L-1A ) or professional employees with specialized knowledge (L-1B), employers need to file the I-129L form and pay the new fee of $805.


2) Premium Processing Time Frame Extended to 15 Business Days

The current Premium Processing service guarantees 15 calendar days adjudication to those petitioners and applicants who pay for an additional fee of $1440. The final rule is extending this time frame from 15 calendar days to 15 business days. While the premium processing time will be longer, the filing fee remains the same.  In addition, USCIS is also considering adding premium processing service for more applications.

3)  Adjustment of Status Application:   a) No More Fee Exemption for Concurrent I-765 and I-131; b) Full Payment for Children Under 14 

The final rule removes the "bundled" fee exemption for I-765 (EAD) and I-131 (Advance Parole) that are filed concurrently with an I-485 application. This change also covers the EAD/AP renewals while the I-485 is pending. The filing fees have also been increased to $550 and $560 for I-765 and I-131 respectively. For the I-485 form, the filing fee will decrease to $1130.

In addition, there will be no more discount for derivative children under 14, even if their I-485 is filed concurrently with a parent. They must pay the full payment of $1130.

4) Changes to Biometric Fees 

The final rule eliminates the separate biometric fees for most of the forms including forms I-539 and I-485. However, it establishes a biometric fee of $30 for TPS applicants and re-registrants. It also requires a separate $30 biometric services fee for Form I-765 filed by pending asylum applicants and by foreign nationals applying for status as a long-term resident of the Commonwealth of the Northern Mariana Islands (CNMI). For DACA applicants, USCIS will maintain the biometric fee of $85.

5) Online Filing Makes a Difference 

For forms that can be filed online such as I-90, N-400, N-600, and I-539 (under certain circumstances),  a $10 fee reduction will apply to online filings.


The changes in USCIS fees and fee structures are quite significant.  Petitioners and applicants should confirm carefully they are using the correct application forms and paying the correct filing fees before sending out their applications. Failure to pay the correct fees or follow the new policy changes will result in rejection of applications.

FINAL RULE FEE CHANGES

	Immigration benefit request	Current fee ($)	New fee ($)
N-400	Naturalization	640	1,170 (paper filing) 1,160 (online filing)
N-600	Application for Certificate of Citizenship	1,170	1,000 (paper filing) 990 (online filing)
N-600K	Application for Citizenship and Issuance of Certificate Under Section 322	1,170	935
I-90	Replace Permanent Residence Card	455	415 (paper filing) 405 (online filing)
I-102	Replacement/Initial Nonimmigrant Arrival-Departure Document	445	485
I-212	Permission to Reapply for Admission into the U.S. After Deportation or Removal	930	1,050
I-290B	Notice of Appeal or Motion	675	700
I-131	Travel Document	575	590
I-765	Employment Authorization	410	550 (non-DACA) 410 (DACA only)
I-485, I-765, & I-131	Application to Register Permanent Residency or   Adjust Status, Employment Authorization, & Travel Document	1,225	2,270
I-539	Extend/Change Nonimmigrant Status	370	400 (paper filing) 390 (online filing)
I-751	Remove Conditions on Residence	595	760
I-129H1	I-129 H-1B - Named Beneficiaries	460	555
I-129H2A	I-129 H-2A - Named Beneficiaries	460	850
	I-129 H-2A - Unnamed Beneficiaries	460	415
I-129H2B	I-129 H-2B - Named Beneficiaries	460	715
	I-129 H-2B - Unnamed Beneficiaries	460	385
I-129L	Petition for L Nonimmigrant Worker	460	805
I-129O	Petition for O Nonimmigrant Worker	460	705
I-129CW, I129E&TN, I129MISC	CNMI-Only Nonimmigrant Transitional Worker;  Application for Nonimmigrant Worker: E and TN Classification; Petition for Nonimmigrant Worker: H-3, P, Q, or R Classification.	460	695
I-129F	Petition for Alien Fiancé(e)	535	510
I-130	Petition for Alien Relative	535	560 (paper filing) 550 (online filing)
I-140	Immigrant Petition for Alien Worker	700	555
I-601	Waiver of Ground of Excludability	930	1,010
I-601A	Application for Provisional Unlawful Presence Waiver	630	960
I-526	Immigrant Petition by Alien Entrepreneur	3,675	4,010
I-824	Application for Action on an Approved Application or Petition	465	495
I-829	Petition by Entrepreneur to Remove Conditions on Permanent Resident Status	3,750	3,900
-	Biometrics Services	85	30 (TPS, I-765 for pending asylee and long-term CNMI resident program applicants) 85 (DACA applicants)

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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.