Good Moral Character in Naturalization: What USCIS Considers
When you attend your naturalization interview, the U.S. Citizenship and Immigration Services (USCIS) officer will evaluate whether you meet the requirement of good moral character to qualify for U.S. citizenship. While “good moral character” may sound subjective, it is not simply about telling the officer, “Can’t you see I’m a good person?” Unfortunately, that is not enough.
In reality, USCIS relies on well-defined standards and evidence when determining whether an applicant meets this requirement. Understanding these rules is critical if you want to avoid pitfalls that could delay or even prevent your citizenship.
What Is the Statutory Period for Good Moral Character?
In most cases, USCIS reviews your background for five years before the date you file your naturalization application.
- If applying as the spouse of a U.S. citizen: The review period is reduced to three years.
- Important to know: The statutory period extends until the day you officially take the Oath of Allegiance. Even if your interview goes well, a DUI or other offense before the oath can put your citizenship at serious risk.
Although the primary focus is on the statutory period, USCIS may also review prior years. If your history includes arrests, convictions, or other unlawful conduct, you must show evidence of reformation and good conduct during the statutory period.
Common Unlawful Acts That May Harm Your Case
When USCIS examines your record, it is not limited to convictions. Admissions of unlawful behavior can also impact your application—even if you were never arrested or convicted.
Here are examples of conduct that can negatively affect your application:
- Crimes of moral turpitude
- Serving a total sentence of five years or more
- Violations of controlled substance laws
- Incarceration for 180 days or longer
- Perjury or lying under oath
- Illegal gambling activities
- Habitual drunkenness
- Two or more DUIs
- Failing to support dependents
- Adultery that results in the breakdown of a marriage
Example:
An applicant in California admits during the interview to using marijuana, even though it was purchased legally under state law. Because marijuana remains a controlled substance under federal law, USCIS may deny the application for lack of good moral character—even without an arrest or conviction.
Crimes of Moral Turpitude
“Moral turpitude” is a term used by USCIS based on court precedent. It refers to unlawful conduct considered inherently immoral or reckless.
Examples include:
- Intentional harm or reckless acts against others
- Theft, forgery, or fraud involving government or personal property
- Certain sexual or family-related offenses
- Counterfeiting or bribery of government officials
Sentences and Incarceration Rules
- Five-year rule: USCIS adds up all your sentences. Two separate convictions with sentences of two years and three years count as a combined five years.
- 180-day rule: Time spent in jail or prison is also cumulative. Two separate incarcerations of 90 days and 100 days add up to 190 days, which exceeds the 180-day threshold.
Exceptions may apply if the sentence or incarceration resulted from a political offense, such as imprisonment for peaceful protest abroad.
Controlled Substance Violations
Even as some states legalize marijuana, federal law still classifies it as a Schedule I controlled substance. Using or admitting to using marijuana can cause USCIS to deny your application for poor moral character—even without any arrest or conviction.
Other Factors That Impact Good Moral Character
- Lying Under Oath: Failing to disclose criminal records or misrepresenting facts can severely damage your case.
- Habitual Drunkard: Patterns of intoxication documented in arrests, divorce records, employment records, or school records may disqualify you.
- Failure to Support Dependents: Not paying sufficient child support, deserting minors, or failing to provide financial support may count against you. USCIS may, however, consider extenuating circumstances such as unemployment or court errors.
- Adultery: If adultery leads to the dissolution of your marriage, USCIS may determine you lack good moral character. Limited exceptions apply in cases of invalid divorces or legal separation.
Other Unlawful Acts Considered on a Case-by-Case Basis
- Bank or insurance fraud
- Tax evasion or falsified records
- Unlawful voter registration or voting
- Social Security fraud
- Unlawful harassment
- Violating U.S. embargo laws
- Conspiracy to distribute controlled substances
Acts That Permanently Bar Good Moral Character
Certain offenses are considered permanent bars to good moral character. These include:
- Murder, rape, or sexual offenses against minors
- Human trafficking or smuggling
- Aggravated felonies such as obstruction of justice, bribery, or perjury
- Drug trafficking or firearm trafficking
- Money laundering of $10,000 or more
- Serious tax fraud of $10,000 or more
- Acts of genocide, torture, or extrajudicial killings
- Severe violations of religious freedom
Even if these acts occurred outside the statutory period, they will permanently disqualify you from demonstrating good moral character for naturalization.
Why Professional Guidance Matters
Understanding USCIS’s rules for good moral character is essential before applying for naturalization. A single misstep—whether an admission, omission, or conviction—can jeopardize your future as a U.S. citizen.
At Green Card Link, its immigration attorneys have extensive experience helping clients navigate the complexities of good moral character requirements. They can review your history, anticipate potential red flags, and present the strongest possible case for your naturalization application.
Good Moral Character in U.S. Immigration: What You Need to Know
Legal Data Available to USCIS
When applying for U.S. immigration benefits, it is important to understand what legal records USCIS can review. Immigration officers have access to any criminal record you may have, even if charges did not result in a conviction. USCIS may also request certified dispositions of arrests to verify the outcome of each case.
Additionally, USCIS evaluates unlawful activities that may have occurred outside the United States. This means you could be asked to provide further evidence or official documentation from other countries where you have resided.
Legal Data USCIS Will Not Consider
Not all past offenses will count against you. Juvenile convictions, certain vacated judgments, and pardoned convictions that occurred before the statutory period generally do not affect the officer’s decision regarding your moral character.
However, it is important to note that deferred or expunged convictions may still be weighed negatively during your immigration process.
Good Moral Character and Deportation Risks
If USCIS determines that you do not meet the standard of “good moral character,” it can impact your eligibility for naturalization. In some cases, this finding may even place you at risk of deportation. More commonly, your application for citizenship will be denied. Because of these high stakes, seeking guidance from an experienced immigration attorney at Green Card Link can make a significant difference in your case.
Ways to Prove Good Moral Character
Even if you have a criminal record, there are strategies to demonstrate rehabilitation and reformation. Applicants can strengthen their case by showing strong community ties, personal achievements, and honesty throughout the immigration process.
Examples include:
- Professional or Academic Awards: Recognition from employers, schools, or professional organizations demonstrates responsibility and reliability.
- Community and Religious Involvement: Active participation in volunteer work, religious organizations, or other community service highlights a commitment to positive contributions.
- Background Checks and Clearances: Requesting an FBI background check on yourself and obtaining police clearance letters from every location where you have lived can provide evidence of your character.
- Certificates from Abroad: A No Criminal Record Certificate from other countries where you resided is another strong piece of evidence. Instructions for obtaining these certificates can be found on the U.S. State Department’s website.
- Immigration Reference Letters: Letters from colleagues, family members, or friends can provide personal testimony to your moral character.
- Complete Honesty in the Application Process: The most important factor is truthfulness on your N-400 form and during the naturalization interview. Attempting to conceal information is likely to harm your case.
Frequently Asked Questions About Good Moral Character
What does CMT mean?
CMT stands for “crime of moral turpitude.” This refers to an offense committed with intent, malice, or reckless disregard.
What is voluntary departure?
Voluntary departure is when an individual agrees to leave the United States by a specific date, essentially a self-deportation process.
How far back does USCIS look when judging moral character?
For most applicants, USCIS examines the five years preceding the application. For spouses of U.S. citizens, the review period is typically the past three years.
Should I provide proof of good moral character?
Yes, it is generally wise to include supporting documentation such as awards, volunteer service, police clearances, or background checks. Discussing the right evidence to provide with an immigration attorney at Green Card Link can strengthen your application.
Can evidence of good moral character help in a deportation case?
In some situations, yes. Presenting such evidence may help strengthen your defense.
Are there cases where showing evidence of good moral character is not useful?
Yes. For example, in certain asylum cases, presenting achievements may not be relevant or beneficial. Each situation should be reviewed carefully with an immigration attorney.
Can my citizenship application be denied if I do not meet the moral character requirement?
Yes, a lack of good moral character can result in a denial of naturalization.
How Green Card Link Can Help
Even individuals who believe they have a flawless record may encounter challenges when applying for naturalization. To minimize risks and ensure a smooth process, it is strongly recommended to consult with immigration attorneys at Green Card Link before submitting your application. With professional guidance, you can avoid delays, prevent costly mistakes, and increase your chances of approval.