Immigration
USCIS Expands Guidance Related to Naturalization Requirement of Good Moral Character
WASHINGTON—Today, U.S. Citizenship and Immigration Services expanded its policy guidance regarding unlawful acts that may prevent an applicant from meeting the good moral character (GMC) requirement for naturalization. The commission of, or conviction or imprisonment for, an unlawful act, during the statutory period for naturalization, may render an applicant ineligible for naturalization should the act be found to adversely reflect on moral character.
Previously, the USCIS Policy Manual did not include extensive information on unlawful acts. This update to the Policy Manual provides additional examples of unlawful acts and instructions to ensure USCIS adjudicators make uniform and fair determinations, and further identifies the unlawful acts that may affect GMC based on judicial precedent. This update does not change the impact of an unlawful act on USCIS’ analysis of whether an applicant can demonstrate GMC. Adjudicators in the field receive extensive training to apply the law on GMC and unlawful acts regulation. They are aware of which unlawful acts could bar an applicant from naturalization and are not limited by the examples listed in the Policy Manual.
On Dec. 10, USCIS issued separate policy guidance in the USCIS Policy Manual about how two or more convictions for driving under the influence or post-sentencing changes to criminal sentencing might affect GMC determinations.
“In the Immigration and Nationality Act, Congress determined that good moral character is a requirement for naturalization,” said USCIS Deputy Director Mark Koumans. “USCIS is committed to faithfully administering our nation’s lawful immigration system, and this update helps to ensure that our agency’s adjudicators make uniform and fair decisions concerning the consideration of unlawful acts on good moral character when determining eligibility for U.S. citizenship.”
Under the Immigration and Nationality Act (INA), an applicant for naturalization must establish GMC. Although the INA does not directly define GMC, it does describe certain acts that bar establishing GMC of an applicant. Examples of unlawful acts recognized by case law as barring GMC include, but are not limited to, the following:
bail jumping;
bank fraud;
conspiracy to distribute a controlled substance;
failure to claim U.S. citizenship;
falsification of records;
forgery uttering;
insurance fraud;
obstruction of justice;
sexual assault;
Social Security fraud;
unlawful harassment;
unlawful registration to vote;
unlawful voting; and
violation of a U.S. embargo.
In general, applicants must show they have been, and continue to be, people of GMC during the statutory period before filing for naturalization and up until they take the Oath of Allegiance. The statutory period is generally five years for permanent residents of the United States, three years for applicants married to a U.S. citizen, and one year for certain applicants applying on the basis of qualifying U.S. military service.
USCIS officers must continue to perform a case-by-case analysis to determine whether an act is unlawful and adversely reflects on an applicant's good moral character. They must also determine whether there are extenuating circumstances. An extenuating circumstance must pertain to the unlawful act and must precede or be contemporaneous with the commission of the unlawful act. Training for adjudicators will be updated to reflect this expanded guidance.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), Facebook (/uscis), and LinkedIn (/uscis).
1 hour ago
At least 1,332 Iranian civilians killed in US-Israeli airstrikes: Iran's UN envoy
3 hours ago
Emirates resumes flight operations after temporary suspension at Dubai airport
3 hours ago
LoP Satheesan edges out Vijayan as most preferred CM candidate: Kerala pre-poll survey
3 hours ago
Gandhi Talks Premieres on ZEE5 on March 6
3 hours ago
Allu Arjun says 'Welcome to the Allu family' to his new sister-in-law Nayanika Reddy
3 hours ago
Nagarjuna on Naga Chaitanya winning Gaddar State Film Award for Best Actor: His stellar performance in Thandel deserves this pat on the back!
3 hours ago
Chef Sanjeev Kapoor says MasterChef winners Vikram & Ajinkya are 'carrying culinary heritage with pride'
3 hours ago
Ryan Gosling's 'Project Hail Mary' to hit screens on March 26 this year
3 hours ago
Ranveer Singh turns his beast mode on for most epic revenge in ‘Dhurandhar’ sequel
3 hours ago
Jamie Lee Curtis has no time for ‘toxic people’
3 hours ago
Neena Gupta recalls first serial she acted in and produced in 1993
3 hours ago
Vijay's wife Sangeetha moves TN court seeking right to stay in actor's Neelankarai house
3 hours ago
Emirates suspends all flights to and from Dubai until further notice
