Applicants for naturalization are required to show that they have maintained good moral character during the statutory 3 or 5 year period prior to filing a Form N-400. The statutory period will depend on the category under which you are applying for naturalization.

USCIS must find that you have good moral character before your N-400 can be approved.

A brief overview of good moral character is included below. We recommend that any naturalization applicants with concerns about good moral character contact an immigration attorney. 

What is good moral character?

Good moral character can be defined as the standards of the average citizen in the community where an applicant is residing.  

How does USCIS determine good moral character?

USCIS will examine your criminal and immigration history, all information provided in the Form N-400, Application for Naturalization, and answers provided at the naturalization interview.

For immigration purposes, the term conviction means a formal judgment of guilt entered by the court. A conviction may also exist without a formal judgment of guilty by the court where a judge or jury has found the person guilty, the person entered a plea of guilty or nolo contendere, or has admitted sufficient facts to warrant a finding of guilt, and some form of punishment, penalty, or restraint was imposed on the person's liberty.

Convictions in juvenile court generally do not count because the applicant would be considered a youthful offender. Juvenile delinquency is not considered to be a conviction for immigration purposes. Matter of Devison-Charles, 22 I&N Dec. 1362 (BIA 2000).If a person under age 18 was charged as an adult for a conviction, however, then this does count as a conviction for immigration purposes. USCIS, Policy Manual, Volume 12 Citizenship and Naturalization, Part F Good Moral Character, Chapter 2 Adjudicative Factors, https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2 (last accessed Sept. 4, 2024). Juvenile conduct may still be considered towards an applicant's good moral character, however, when it occurs during the statutory period.

Expunged convictions do not remove the underlying conviction from your record for immigration purposes. In re Roldan-Santoyo, 22 I&N Dec. 512 (BIA 1999).

Those who have received a full and unconditional executive pardon prior to the start of the statutory period may establish good moral character by showing they have been reformed and rehabilitated prior to the statutory period.  When the pardon was received during the statutory period, the applicant may establish good moral character with evidence of extenuating or exonerating circumstances. Foreign pardons do not eliminate a conviction for immigration purposes.

Applicants will be found to lack good moral character when they have been:

• Convicted of murder at any time
• Convicted of an aggravated felony on or after November 29, 1990 

Aggravated felonies in immigration law include:

• Murder, rape, or sexual abuse of a minor
• Illicit trafficking in controlled substance
• Illicit trafficking in firearms or destructive devices
• Money laundering offices (over $10,000)
• Explosive materials and firearms offenses
• Crimes of violence (imprisonment term of at least 1 year)
• Theft offenses (imprisonment term of at least 1 year)
• Demand for or receipt of ransom
• Child pornography offenses 
• Racketeering, gambling (imprisonment term of at least 1 year)
• Prostitution offenses (manager, transporting, trafficking)
• Gathering or transmitting classified information
• Fraud or deceit offenses or tax evasion (over $10,000)
• Alien smuggling
• Illegal entry or reentry by removed aggravated felon
• Passport, document fraud (imprisonment tern of at least 1 year)
• Failure to appear sentence (offense punishable by at least 5 years)
• Bribery, counterfeiting, forgery, or trafficking in vehicles
• Obstruction of justice, perjury, bribery of witness
• Failure to appear to court (offense punishable by at least 2 years)
• Attempt or conspiracy to commit an aggravated felony 

A conviction for murder or an aggravated felony serves as an automatic, permanent bar to a finding of good moral character.

Conviction of an aggravated felony, however, prior to November 29, 1990 can be overcome when committed outside of the statutory period. Overcoming an aggravated felony conviction will depend on the seriousness of the underlying offense and whether the applicant is considered to have reformed their character.

Other permanent bars to good moral character include ordering, inciting, assisting, or otherwise participating in Nazi persecutions, genocide, torture or extrajudicial killings and being responsible for or directly carrying out particularly severe violations of religious freedom while serving as a foreign government official.

Moreover, any of the following circumstances taking place during the statutory window acts as a bar to finding good moral character:

• Conviction of one or more crimes involving moral turpitude (CIMT) (other than a purely political offense and not excepted under INA 212(a)(2)(ii)(II))
  • Traditionally a CIMT involves intent to commit fraud, commit theft with intent to permanently deprive the owner, or inflict great bodily harm, as well as some reckless or malicious offenses and some offenses with lewd intent.     
• Conviction of two or more offenses where the aggregate sentence imposed was 5+ years (other than purely political offenses committed outside of the US)
• Violations of any controlled substance law in any country (except for single offenses of simple possession of 30g or less of marijuana) 
• Admission of commission of any of the above even where there was no formal charge, indictment, arrest, or conviction whether committed in or out of the US
• Confinement to a penal institution for an aggregate of 180 days following a conviction or convictions (other than purely political offenses committed outside of the US)
• Provision of false testimony under oath or affirmation with attempt to obtain any immigrant benefit under the INA
• Involvement in prostitution or commercialized vice
• Participation in smuggling a person or persons into the United States
• Participation in polygamy at any time
• Conviction of two or more gambling offenses
• Primarily earning income through illegal gambling activities
• Having been a habitual drunkard at any time 

Lack of good moral character can also be found “for other reasons” including, but not limited to:

• Impaired driving offenses
• Failing to support dependents by deserting a minor, failing to pay support, or obviously paying an insufficient amount*
• Adultery*

*Extenuating circumstances may be used to prevent finding a lack of good moral character

Those who were on probation, parole, or suspended sentence during the statutory period may still apply for naturalization, but the probation, parole, or suspended sentence may impact the finding of good moral character. Naturalization will not be approved until after the probation, parole, or suspended sentence is complete. 8 CFR 316.10(c)(1). 

Can USCIS deny naturalization even without a conviction?

Yes, USCIS may deny naturalization even without a conviction if it is determined that the applicant's criminal record is evidence of lack of good moral character. USCIS will consider all relevant court and police paperwork to make a determination.

Under INA 101(f) and 8 CFR 316.10(b)(3)(iii), even committing unlawful acts can result in a finding of lack of good moral character. An unlawful act is defined as one that violates a criminal or civil law in the location where it was committed. Immigration laws and regulations regarding unlawful acts requires neither a charge nor a conviction for it to be applicable.  Chapter 5 - Conditional Bars for Acts in Statutory Period, USCIS Policy Manual, https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5 (last accessed Aug. 28, 2024); see also United States v. Jean-Baptiste, 395 F.3d 1190 (11th Cir. 2005) (finding that when conviction occurred after naturalization, the applicant lacked the good moral character because the crime had been committed during the statutory period).

This means that arrests resulting in dismissed or lesser charges or adjournment in contemplation of dismissal (ACD) during the statutory period can still be considered towards an applicant's good moral character. 

Can USCIS look beyond the three or five year statutory period?

Yes. USCIS is permitted to look at conduct prior to the statutory period to determine whether an applicant has reformed their character.

When considering if an applicant has reformed their character, USCIS is instructed to review the totality of the circumstances including, but not limited to, an applicant's: 

•  Family ties and background;
• Absence or presence of other criminal history;
• Education;
• Employment history;
• Other law-abiding behavior (for example, meeting financial obligations, paying taxes);
• Community involvement;
• Credibility of the applicant;
• Compliance with probation; and
• Length of time in United States

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Contact the Law Offices of James D. Eiss today to schedule a consultation regarding filing your N-400 Application for Naturalization.