Understanding the 'Good Moral Character' Requirement for U.S. Naturalization: Statutory Period, Criminal Records, and Permanent Bars

The Naturalization Act of 1790 established the requirement that applicants for naturalization must have good moral character. Good moral character refers to a person's moral and behavioral standards meeting the requirements for citizenship. It is not limited to whether the applicant has ever been arrested or convicted; any act or conduct that violates the moral standards recognized by the applicant's community should also be considered. The applicant must prove that during the statutory period before applying and up until the oath of allegiance, he or she has been a person of good moral character and will continue to be one.

Generally, applicants must meet the following requirements regarding good moral character:

• Obey the law: Applicants must prove that they have complied with laws and regulations in the United States, have no criminal record, and have not committed morally reprehensible acts.

• Pay taxes: Applicants must prove that they have paid any taxes owed before applying for naturalization.

• Fulfill obligations: Applicants must prove that they have fulfilled their obligations in the United States, such as military service or jury duty.

• Support the Constitution: Applicants must prove that they support the U.S. Constitution and are willing to defend the Constitution and the U.S. political system.

• Good moral character: Applicants must prove that they have good moral character and conduct, including honesty, integrity, respect for others, and responsibility.

It is important to note that each applicant's circumstances are different, so applicants need to provide personal information and relevant documents for USCIS to assess whether they meet the good moral character requirement.

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USCIS officers will review whether the applicant meets the good moral character requirement based on the following materials:

• The applicant's records;

• Statements provided in the naturalization application;

• Oral testimony provided during the interview.

The following specific explanations of 'good moral character' are compiled from Volume 12, Part F of the USCIS Policy Manual.

Applicable Statutory Period

Applicants must prove that they have been consistently of good moral character. The legal meaning of 'consistently' is as follows:

• For ordinary naturalization applicants, the period is 5 years before the date of application.

• For applicants who are spouses of U.S. citizens, the period is 3 years before the date of application.

• For military service members and veterans, the period is 1 year or 5 years before the date of application, depending on the relevant military regulations.

However, USCIS is not limited to reviewing only the applicant's conduct during the statutory period before the application date; it considers the whole picture and may look back before the statutory period. If the applicant shows negative factors in the following areas, it may affect USCIS's assessment of whether the applicant can establish good moral character during the statutory period. In short, your adverse history may affect USCIS's assessment, so please ensure that there are no negative factors in these background circumstances:

• Family relationships and background

• Absence or presence of other criminal history

• Educational level

• Employment history

• Other law-abiding behavior (e.g., fulfilling financial obligations, paying taxes)

• Community involvement

• The applicant's credibility

• Compliance with probation requirements

• Length of time in the United States

Does a Criminal Record Mean Failure to Meet the Good Moral Character Requirement?

If an applicant has a criminal conviction, USCIS is highly likely to find that the applicant lacks good moral character and deny the application (essentially game over). The applicant must prove that they have complied with laws and regulations in the United States, have no criminal record, and have not engaged in morally wrongful conduct.

What Counts as a 'Conviction'

In the immigration context, a 'conviction' refers to a formal judgment of guilt entered by a court, including juvenile court, military court, unfinished probation, and foreign convictions. Before a judge issues a formal judgment, if a jury has found the person guilty, or the judge has ordered some form of punishment or imposed a restraint on the person's liberty, it is also considered a 'conviction.'

Some criminal records can be erased or deleted through a process called expungement. After expungement, the original criminal record is treated as if it never existed, and the relevant criminal record will not appear in background checks and record inquiries. However, expungement is not the same as vacating a judgment and does not eliminate the immigration consequences of a conviction. Therefore, even if the criminal record is deleted, it can still affect the applicant's good moral character determination.

USCIS officers may require the applicant to submit evidence of a conviction, regardless of whether the conviction record has been expunged. If USCIS requests it, the applicant is responsible for obtaining their records and submitting them to USCIS. In states where the applicant cannot obtain the records, USCIS may file a motion with the court to obtain a copy of the records.

Even if the applicant has never been formally charged, prosecuted, arrested, or convicted, if the applicant admits to having committed certain offenses, it may still prevent them from establishing good moral character due to involvement in 'moral turpitude.'

Circumstances Not Considered a Conviction or Not Affecting the Good Moral Character Determination

1. Deferred Adjudication

In cases of deferred adjudication, the original finding of guilt, the plea, and the sentence impose are sufficient to constitute a conviction for immigration purposes; however, if the court does not impose any form of punishment, it is not considered a conviction.

2. Vacated Judgment

If a judgment is vacated due to a constitutional defect, a statutory defect, or a pre-conviction error affecting the conviction; or if the criminal court vacated the judgment because it failed to advise the defendant in advance of the immigration consequences of a guilty plea, then for immigration purposes, it is not considered a conviction.

If the judgment is vacated for any other reason, such as completion of a rehabilitation period (rather than on the merits) or solely to avoid adverse immigration consequences, it is considered a conviction for immigration purposes.

3. Pardon

If the applicant obtains a full and unconditional executive pardon before the statutory period begins (pardons obtained abroad do not count), or if the applicant proves that they have reformed before the statutory period, they may be considered to have begun establishing good moral character. If the applicant obtains a pardon during the statutory period, or can prove commutation or innocence, they may also be considered to have begun establishing good moral character.

4. Political Offenses and Mitigating Circumstances

'Purely political offenses committed outside the United States'—certain conditions of bad moral character may be treated as exceptions.

In addition, if the applicant can prove the existence of mitigating circumstances (such as committing the offense under duress), certain conditional acts of poor moral character should not adversely affect the naturalization determination. Mitigating circumstances must exist before or at the time of the offense. Post-offense rehabilitation is not considered a mitigating circumstance.

How to Prove Good Moral Character?

There are mainly two ways to prove that one is a person of good moral character: the applicant's testimony and court decisions.

1. Applicant's Testimony

Questions related to the good moral character requirement may arise at any point during the naturalization interview. The officer's questions during the interview should elicit a complete record of any criminal, illegal, or suspicious activities the applicant has ever engaged in, regardless of whether that information ultimately has a material bearing on determining whether the applicant possesses good moral character.

The officer should consider the applicant's education level and knowledge of the English language. The officer may rephrase questions and add other questions to better ensure that the applicant understands the process.

When an applicant admits to having committed an offense that was never formally charged, prosecuted, arrested, or convicted, the officer must take a sworn statement from the applicant.

2. Court Decisions

Generally, immigration officers have the authority to require the applicant to provide court dispositions for any criminal offense committed in the United States or abroad during the statutory period, in order to determine whether the applicant meets the good moral character requirement. In addition, USCIS may require the applicant to provide any other evidence that may affect the good moral character determination. The applicant bears the burden of proving that the criminal offense does not prevent them from establishing good moral character.

3. Failure to Respond to Requests for Evidence

Where the initial naturalization examination has been completed, if the applicant fails to respond to a request for additional evidence, the USCIS officer should adjudicate the naturalization application on its merits. The USCIS officer should not deny the application for lack of prosecution after the initial naturalization examination.

Permanent Bars to Establishing 'Good Moral Character'

Persons who have committed three categories of acts can never prove that they have 'good moral character' and cannot naturalize:

1. Murder

An applicant who has been convicted of murder at any time is permanently barred from establishing good moral character for naturalization, meaning permanent ineligibility for naturalization.

2. Aggravated Felony

The definition of an aggravated felony is not as lenient as the general public might imagine; many offenses that are not typically considered felonies are actually classified as 'aggravated felonies' under immigration law. An applicant convicted of an 'aggravated felony' on or after November 29, 1990, is permanently barred from establishing good moral character for naturalization.

Although an applicant convicted of an aggravated felony before November 29, 1990, is not permanently barred from naturalization, the officer should consider the seriousness of the original offense (aggravated felony) and the applicant's present moral character to determine whether the applicant meets the good moral character requirement. If the applicant's conduct during the statutory period does not reflect a change in character, the applicant may be unable to establish good moral character.

Some offenses can be classified as 'aggravated felonies' under immigration law simply if a term of imprisonment of one year or more is imposed, so the definition of an aggravated felony is actually extremely strict. The term of imprisonment refers to the period of confinement ordered by the court, regardless of whether the court suspends execution of the sentence. For example, for offenses involving theft or violence, if the court imposes a term of imprisonment of one year or more, it is considered an 'aggravated felony' even if the court suspends the entire sentence.

The Immigration and Nationality Act lists 21 types of aggravated felonies that bar naturalization:

• Murder, rape, sexual abuse of a minor

• Illicit trafficking in a controlled substance

• Illicit trafficking in firearms or destructive devices

• Money laundering (over $10,000)

• Explosives and firearms offenses

• Crime of violence (at least 1 year imprisonment)

• Theft offense (at least 1 year imprisonment)

• Demanding or receiving ransom

• Child pornography offenses

• Extortion, gambling (at least 1 year imprisonment)

• Prostitution offenses (managing, transporting, or trafficking)

• Collecting or transmitting classified information

• Fraud or deceit or tax evasion (over $10,000)

• Smuggling aliens into the United States

• Illegal reentry after deportation for an aggravated felony

• Passport or document fraud (at least 1 year imprisonment)

• Failure to appear for sentencing (sentence of 5 years or more)

• Bribery, counterfeiting, forgery, or trafficking in vehicles

• Obstruction of justice, perjury, bribery of a witness

• Failure to appear (sentence of 2 years or more)

• Attempt or conspiracy to commit an aggravated felony

3. Persecution, Genocide, Torture, or Severe Violations of Religious Freedom

To be eligible for naturalization, the applicant has the burden of providing any evidence or documentation to prove that he or she has not participated in any of the following activities:

• Nazi activities: An applicant who has ordered, incited, assisted, or otherwise participated in the persecution of any person or group of persons by the Nazi government of Germany or any government in an area allied with Nazi Germany is permanently barred from establishing good moral character.

• Genocide: At any time, if an applicant has ordered, incited, assisted, or otherwise participated in genocide, he or she is permanently barred from establishing good moral character.

• Torture or extrajudicial killing: An applicant who has ever committed, ordered, incited, assisted, or otherwise participated in any act of torture, or participated in extrajudicial killings under color of any foreign law, is permanently barred from establishing the good moral character requirement for naturalization.

• Severe violations of religious freedom: An applicant who, while serving as an official of a foreign government, was responsible for or directly carried out particularly severe violations of religious freedom will be unable to establish good moral character. Particularly severe violations of religious freedom include: torture, cruel, inhuman, or degrading treatment or punishment; prolonged detention without charges; causing the disappearance of persons by abduction or secret detention; or other flagrant denials of the right to life, liberty, or the security of person.

Non-Permanent Bars to Establishing 'Good Moral Character'

Certain unlawful acts or illegal activities occurring during the statutory period, although they do not constitute a permanent bar to the applicant's ability to establish 'good moral character,' may still affect USCIS's assessment of the applicant's ability to establish good moral character. USCIS officers will review U.S. federal, state, or any foreign laws or regulations to determine whether the applicant can establish good moral character.

These unlawful acts include:

• One or more crimes involving moral turpitude (except a purely political offense, and except a single petty offense)

• Two or more convictions with an aggregate sentence of 5 years or more

• Violation of controlled substance laws (except simple possession of 30 grams or less of marijuana)

• Confinement of 180 days (except a purely political offense and subsequent confinement abroad)

• False oath

• Prostitution offenses

• Participating in smuggling persons into or attempting to enter the United States

• Polygamy

• Gambling offenses

• Habitual drunkenness

• Failure to support dependents

• Two or more driving under the influence (DUI) offenses

• Adultery

• Other unlawful acts that adversely affect the establishment of good moral character