Showing "Good Moral Character" When Applying for Citizenship

When applying for naturalization, one of the essential requirements is demonstrating possession of good moral character (GMC). This requirement has deep roots in U.S. immigration law, tracing back to the Naturalization Act of 1790. Applicants must prove they have maintained good moral character throughout the required period of residence and until they take the Oath of Allegiance. Here, we will explore what constitutes good moral character, the factors USCIS considers, specific crimes that impact GMC, and the broader implications of maintaining this standard.

Understanding Good Moral Character (GMC)

Good moral character means adhering to the moral and ethical standards expected by the U.S. society. It is assessed over the statutory period required for naturalization (typically 3 or 5 years) and continues until the applicant takes the Oath of Allegiance. Demonstrating good moral character is crucial as it reflects an applicant's ability to integrate and contribute positively to American society.

Crimes and Unlawful Conduct

While the GMC requirement frequently arises in contexts involving criminal or unlawful behavior, it extends beyond convictions. Engaging in criminal or unlawful activity, even without a conviction, can lead to a denial of GMC. For instance, merely admitting to such conduct might be sufficient for USCIS to deny the application.

USCIS may also consider conduct that falls outside the applicable GMC period if the applicant's current behavior does not indicate a change in character or if past conduct is relevant to the applicant’s present moral character.

Factors Considered in Evaluating Good Moral Character

USCIS examiners assess the totality of circumstances when determining an applicant's moral character. Applicants are expected to provide evidence related to various factors, including:

• Family ties and background: Strong family connections and responsibilities can positively impact the GMC evaluation.

• Absence or presence of other criminal history: A clean criminal record outside the naturalization period can be favorable.

• Employment history: Steady and lawful employment demonstrates reliability and integration into society.

• Law-abiding behavior: This includes fulfilling financial obligations, paying taxes, and adhering to laws.

• Community involvement: Active participation in community services or organizations can showcase good moral character.

• Credibility of the applicant: Honest and consistent statements during the application process are crucial.

• Compliance with probation: Following court orders and probation terms reflect positive rehabilitation.

• Length of time in the United States: Long-term residency can demonstrate stability and commitment to U.S. values.

Specific Crimes and Their Impact on Good Moral Character

Certain crimes and behaviors have a direct impact on the determination of GMC. Some crimes lead to a permanent bar, while others affect the applicant’s eligibility during the statutory period:

• Permanent Bar: Committing murder or being convicted of an aggravated felony after November 29, 1990, permanently bars naturalization.

• Residency Period Bar: Crimes such as those involving moral turpitude, earning income from illegal gambling, and habitual drunkenness, among others, during the required residency period result in a finding of lack of GMC.

Specific Crimes During the Residency Period:

1. Crimes involving moral turpitude: Except purely political offenses.

2. Multiple offenses: Two or more offenses with an aggregate sentence of five years or more (excluding purely political offenses).

3. Illegal gambling: Earning a substantial part of income from illegal gambling.

4. Habitual drunkard: Being or having been a habitual drunkard.

Other Grounds for Lacking GMC:

• Failure to support dependents: Willful failure or refusal to support dependents.

• Extramarital affairs: Affairs that destroy existing marriages.

• Unlawful acts: Committing acts that reflect negatively on moral character, even if not listed under specific statutory bars.

Impact of Membership in Certain Organizations

Membership in certain organizations can demonstrate a lack of attachment to the Constitution and good moral character. This includes organizations that:

• Advocate opposition to organized government.

• Advocate the overthrow of the U.S. government by force or violence.

• Publish or distribute materials supporting the overthrow of the government.

Membership in such organizations may also make an applicant removable from the U.S.

Exceptions to Membership Concerns:

Membership in these organizations will not automatically bar naturalization if the applicant can prove one of several exceptions. 

Good Moral Character in Other Immigration Contexts

GMC is also essential for other immigration benefits such as relief from removal, voluntary departure, and cancellation of removal for non-LPRs. The criteria for GMC in these contexts are similar, considering criminal history, false testimony, and other conduct. Positive factors like family ties, community service, and rehabilitation are weighed against negative factors like the nature of removal grounds and criminal history.

It's crucial to note that obtaining a waiver or relief under one provision does not guarantee a finding of GMC for naturalization. Each application is evaluated on its specific merits and requirements.

Final Thoughts

Demonstrating good moral character is a fundamental aspect of the naturalization process. It requires a holistic assessment of your behavior and contributions to society over the statutory period. To strengthen your application, gather evidence of your positive conduct, community involvement, and adherence to U.S. laws.

If you're ready to take the next step toward U.S. citizenship, ensure you understand and meet the GMC requirements. Consider seeking assistance from an immigration attorney or legal advisor to navigate this complex aspect of your application. Begin your journey to naturalization with confidence, knowing you are prepared to demonstrate your commitment to the values and principles of the United States.

Contact us today to start your application today and take a significant step toward becoming a U.S. citizen, embracing the rights and responsibilities that come with it.