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USCIS’s New Good Moral Character Policy: What Naturalization Applicants Need to Know

Authored by Wendy R. Barlow, Esq.

USCIS

U.S. Citizenship and Immigration Services (USCIS) has released a new policy memorandum on Good Moral Character (GMC) that significantly changes the naturalization process. This new guidance moves away from a simple checklist approach and toward a more comprehensive, “totality of the circumstances” evaluation. For anyone on the path to U.S. citizenship, understanding this shift is crucial.


The Shift to a Holistic Review

Previously, a naturalization applicant with a clean record could often expect a straightforward GMC determination. The new policy, however, directs USCIS officers to go beyond just the absence of negative conduct. Now, officers must also consider an applicant’s positive attributes and civic contributions.

The new memo, titled “Restoring a Rigorous, Holistic and Comprehensive Good Moral Character Evaluation Standard,” makes it clear that a “clean slate” may no longer be enough. It places an affirmative burden on applicants to demonstrate that they are worthy of citizenship. This means that a person who has simply avoided legal trouble but hasn’t been actively involved in their community could face a more difficult path.


What USCIS Officers Are Looking For

The new policy empowers USCIS officers with more discretion to evaluate a wide range of factors. Positive attributes and contributions will include:

  • Sustained Community Involvement: This includes regular volunteer work, civic engagement, participation in local organizations, or other activities that demonstrate an applicant’s integration into the community.
  • Family Caregiving and Responsibilities: Evidence of being a caregiver for family members, especially those who are sick or elderly, or showing responsibility in raising a family in the U.S. can be considered a positive factor.
  • Educational Attainment: Earning degrees, professional certifications, or showing a commitment to ongoing education is viewed as a positive attribute.
  • Stable and Lawful Employment: A history of stable, lawful work and professional achievements can be seen as a positive contribution to the U.S. economy and society.
  • Compliance with Financial Obligations: This includes demonstrating financial responsibility by consistently complying with tax obligations and other financial responsibilities.
  • Length of Lawful Residence: A long history of lawful residence in the U.S. and adherence to immigration laws is also a positive factor.

Conversely, the policy also gives officers the ability to scrutinize behaviors that, while not criminal, may be seen as inconsistent with civic responsibility. This disqualifying behavior includes:

  • Permanent Bars: These are statutory bars that permanently disqualify an individual from a finding of good moral character. They include serious crimes like murder, aggravated felonies, genocide, torture, and persecution.
  • Conditional Bars: These actions temporarily bar an individual from being found to have good moral character, typically for the three or five-year statutory period before applying for naturalization. They include offenses like:
    • Controlled substance violations
    • Two or more convictions for driving under the influence (DUI)
    • False claims to U.S. citizenship
    • Unlawful voter registration or unlawful voting
  • Other Actions “Contrary to the Average Behavior of Citizens”: This is the new, more subjective category of disqualifying behavior. The policy gives officers the authority to scrutinize actions that, while not necessarily illegal, may be considered inconsistent with civic responsibility. Examples provided include reckless or habitual traffic infractions and harassment or aggressive solicitation.

The new policy also puts a greater emphasis on whether an individual has been rehabilitated after a past wrongdoing. This means that an applicant with a history of minor issues may still be able to demonstrate good moral character by providing evidence of reform, such as paying overdue taxes or child support or complying with court-ordered conditions.


How to Prepare Your Naturalization Case Now

This policy change means that preparing a naturalization application requires a more strategic and proactive approach. It’s no longer just about filling out forms; it’s about building a comprehensive portfolio of your life that tells a compelling story of your character.

At Cohen, Tucker + Ades, we are closely monitoring how this new guidance is being implemented. We can help you navigate this complex process by:

  • Building Your Affirmative Case: Guiding you in gathering letters of recommendation, documenting volunteer work, and compiling evidence of positive contributions.
  • Addressing Potential Issues: Providing expert advice on how to handle past issues, no matter how minor, by framing them with evidence of rehabilitation and positive change.
  • Crafting Your Narrative: Helping you articulate your commitment to American values and demonstrate why you are a deserving future citizen.

If you have questions about how the new GMC policy may affect your naturalization case, don’t hesitate to contact us. We’re here to help you present the strongest possible application and achieve your dream of becoming a U.S. citizen.

 

Sources:

Policy Memorandum, SUBJECT: Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard for Aliens Applying for Naturalization | U.S. Citizenship and Immigration Services

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