Good Moral Character for Naturalization

How Is Good Moral Character Defined?

The USCIS policy manual for adjudicators defines Good Moral Character as “character which measures up to the standards of average citizens of the community in which the applicant resides.” Simply put, it means proving that you are an upstanding member of society. Practically speaking, demonstrating good moral character is not always so simple, even if you are a good person. There are many automatic bars found in the Immigration and Nationality Act that can disqualify an individual from demonstrating good moral character.

It is crucial that all applicants fill out their applications for naturalization completely and truthfully. Providing false or misleading information or failing to provide requested information can result in a finding that you lack good moral character. This can lead to the denial of your naturalization application. Applicants must disclose all criminal convictions, including those that may have been sealed or expunged, or occurred while they were minors. USCIS conducts extensive background and criminal checks and will likely discover any information an applicant has failed to report.

How Can You Establish Good Moral Character?

You cannot establish good moral character if you have been convicted of murder or any aggravated felony, especially if convicted on or after November 29, 1990. Other less serious criminal offenses may temporarily bar you from naturalization. Temporary bars prevent an applicant from qualifying for citizenship for a specific period (usually 5 years) after the commission of the offense.

Applicants involved in drug offenses, extramarital affairs, or domestic violence, or who have provided false testimony to gain an immigration benefit, can be seen as lacking good moral character. Habitual drunkards, individuals practicing polygamy (married to more than one spouse), and those deriving income principally from illegal activities will also face significant hurdles. Even a single petty offense or purely political offense can impact the naturalization process. The USCIS also examines the applicant’s ability to meet financial obligations and support dependents, as willful failure to do so is a negative factor.

Maintaining transparency and upholding moral standards in the immigration context are essential for Lawful Permanent Residents aiming to become U.S. citizens. Consulting with an immigration attorney can help navigate these complexities and improve the chances of meeting the good moral character requirement.

Behaviors That Might Demonstrate a Lack of Good Moral Character

The following are examples of behaviors that might demonstrate a lack of good moral character:

• Any crime against property or the Government that involves “fraud” or evil intent.
• Any crime against a person with intent to harm.
• Two or more crimes for which the aggregate sentence was 5 years or more.
• Violating any controlled substance law of the United States, any State, or any foreign country.
• Habitual drunkenness.
• Illegal gambling.
• Prostitution.
• Polygamy (marriage to more than one person at the same time).
• Lying to gain immigration benefits.
• Failing to pay court-ordered child support or alimony payments.
• Confinement in jail, prison, or similar institution for which the total confinement was 180 days or more during the past 5 years (or 3 years if you are applying based on your marriage to a United States citizen).
• Failing to complete any probation, parole, or suspended sentence before you apply for naturalization.
• Terrorist acts.
• Persecution of anyone because of race, religion, national origin, political, opinion, or social group.

Automatic Disqualifiers: Bars to Good Moral Character in the Immigration and Nationality Act

Establishing good moral character for naturalization is essential for applicants seeking to become U.S. citizens. The USCIS policy manual states that good moral character is determined by comparing the applicant’s conduct to the standards of average citizens in the community where the applicant resides. The Immigration and Nationality Act outlines various automatic disqualifiers that prevent an applicant from demonstrating good moral character, significantly impacting their eligibility for naturalization.

A critical aspect of the naturalization process is the thorough examination of an applicant’s moral character by Citizenship and Immigration Services. Serious crimes, particularly those involving moral turpitude, such as murder and aggravated felonies, are permanent bars to demonstrating good moral character. Even less severe offenses can adversely reflect on an applicant’s moral character if committed within the statutory period before applying for naturalization. For example, crimes involving moral turpitude, such as fraud or intentional harm to persons, can disqualify applicants.

Temporary bars can also prevent applicants from meeting the good moral character requirement. These include multiple criminal offenses where the aggregate sentence is five years or more, habitual drunkenness, illegal gambling activities, and failing to support dependents. Specific behaviors like practicing polygamy or deriving income from illegal gambling can further indicate a lack of good moral character.

USCIS also considers an applicant’s conduct during the statutory period, examining their employment history, financial obligations, and overall behavior. Providing false or misleading information on the application, failing to pay court-ordered child support, or willful failure to pay taxes can disqualify an applicant. Even if earlier conduct was questionable, an applicant must demonstrate good moral character during the five-year period before their application to satisfy immigration services.

Applicants must disclose any criminal history, including sealed or expunged records. In some cases, if an applicant establishes extenuating circumstances, they may still be considered for naturalization despite past offenses. Consulting an immigration attorney is often essential to navigate the complexities of immigration law and ensure that the applicant meets the good moral character requirement. Ultimately, the applicant’s present moral character and adherence to community standards play a crucial role in their ability to achieve naturalization.

Crimes That Can Prevent You From Establishing Good Moral Character

Aggravated Felonies

Aggravated felonies pose an absolute bar to establishing good moral character. The term encompasses over 30 specific offenses detailed in INA §101(a)(43), regardless of their state-level classification. These include murder, rape, sexual abuse of minors, and drug trafficking. Firearms trafficking, theft offenses with sentences exceeding one year, and fraud/tax evasion cases involving more than $10,000 fall within this category. A single aggravated felony conviction permanently disqualifies an applicant from naturalization without exception.

Crimes Involving Moral Turpitude (CIMT)

CIMTs involve conduct considered inherently base, vile, or depraved—contrary to accepted moral standards. Courts analyze whether the criminal intent in these cases demonstrates moral depravity or a reckless disregard for others. Common examples include fraud, theft, forgery, robbery, and spousal abuse. Even shoplifting can qualify if the intent to permanently deprive an owner of property exists. A single CIMT within the statutory period generally prevents establishing good moral character unless it qualifies under the “petty offense exception” (maximum penalty less than one year and actual sentence under six months).

Controlled Substance Violations

Drug-related offenses, even minor ones, significantly impact naturalization eligibility. A single possession conviction during the statutory period creates a presumption against good moral character. Multiple drug offenses or any distribution/manufacturing charge constitute near-insurmountable barriers. Notably, even marijuana offenses in states where it is legalized still impact federal immigration proceedings, as USCIS follows federal law that classifies marijuana as a Schedule I controlled substance.

False Testimony and Misrepresentations

Material misrepresentations during the immigration process demonstrate lack of good moral character. Unlike fraud, false testimony requires no harm or benefit—simply lying under oath. This includes fabricating marital history, concealing arrests, or misrepresenting residency periods. Even if the underlying issue wouldn’t independently bar naturalization, the act of concealment itself becomes disqualifying.