How to Establish Good Moral Character When Applying for U.S. Citizenship

One of the requirements for becoming a U.S. citizen through naturalization is demonstrating “good moral character,” often referred to as GMC.

USCIS does not look only at whether an applicant has a criminal conviction or another specific legal bar to naturalization. Officers may consider the applicant’s history as a whole, including both negative conduct and positive factors that demonstrate good moral character.

For most naturalization applicants, the relevant period is the five years immediately before filing Form N-400 through the date of naturalization. For certain applicants applying based on marriage to a U.S. citizen, the period is generally three years. USCIS may also consider older conduct when it is relevant to the applicant’s current moral character.

What Does USCIS Consider?

USCIS may consider positive factors such as:

• Family responsibilities and ties in the United States
• Stable employment and work history
• Education
• Community involvement and contributions
• Compliance with tax and other financial obligations
• Length of lawful residence in the United States
• Evidence of rehabilitation or changed circumstances when there has been a problem in the past

USCIS will also consider conduct that may raise concerns about good moral character. Some conduct creates a specific legal bar to establishing GMC, while other conduct may be evaluated as part of the applicant’s overall history.

Potential concerns can include criminal arrests or offenses, driving under the influence, failure to pay taxes or child support, false statements to government officials, unlawful voting or voter registration, and other violations of law.

Do I Need to Submit Evidence of Good Moral Character?

We recommend submitting some evidence of your good moral character with your naturalization application. For an applicant with a straightforward immigration and personal history, the information provided on Form N-400 and at the naturalization interview may be sufficient, but it is helpful to include a few more items.

However, when a potential negative factor exists, more substantial affirmative evidence of good moral character can become much more important. Depending on the circumstances, evidence of rehabilitation, family responsibilities, employment, community involvement, payment of taxes or other obligations, and the passage of time may help USCIS evaluate the applicant’s circumstances as a whole.

The right evidence will depend on the particular issue in the case.

Review Potential Problems with Before Filing

Naturalization applicants should carefully review their history before submitting Form N-400. An event does not have to result in a criminal conviction to potentially raise a good moral character issue, and conduct that occurred before the normal three- or five-year period can sometimes still be relevant.

Naturalization also allows USCIS to review other aspects of an applicant’s immigration history, including whether the person was lawfully admitted for permanent residence.

For these reasons, applicants should consider speaking with an immigration attorney before filing if they have questions about prior arrests or criminal conduct, taxes, child support, voting or voter registration, statements made on prior immigration applications, extended travel outside the United States, or other issues in their immigration history.

A potential issue does not necessarily mean that someone cannot become a U.S. citizen. The important question is whether the issue affects eligibility and, when appropriate, what evidence can be provided to demonstrate good moral character.

At Delgado Rompf Bruen LLC, we help lawful permanent residents evaluate their eligibility for naturalization and identify potential issues before filing. If you have questions about good moral character or another naturalization requirement, please contact our office to schedule a consultation.