Do You Have the Good Moral Character USCIS is Looking For?

When going through the naturalization interview, the U.S. Citizenship and Immigration Services (USCIS) officer will judge whether you have the good moral character required to be a citizen of the United States. The good moral character seems like such a subjective requirement for citizenship. You might be wondering if it’s enough to look at the officer and say, “Can’t you tell by just looking at me that I’m a good person?” Unfortunately, that’s not enough.

However, judging good moral character is less subjective than you might think, and there are strict guidelines and data the officers look through to make their decision.

What is the Statutory Period for Good Moral Character?

In most cases, USCIS considers your history starting five years before you submit your naturalization application.

If you’re going through the naturalization process as a spouse to a U.S. citizen, the statutory period is reduced to three years.

It’s essential to note that the statutory period extends until the moment you are naturalized. Thus, if everything looks good after the interview, but you get a DUI or other offense before you are naturalized, then you severely risk getting denied.

While the officer may be scrutinizing the statutory period, it doesn’t mean that they completly disregard prior years. If you show extensive years of arrests, convictions, and other unlawful acts before the statutory period, then the officer is going to want to see that you’ve reformed your ways during the statutory period.

Unlawful Acts During the Statutory Period

When going over your criminal record, USCIS is not just looking at convictions to judge good moral character. Admissions can also be negative marks against your character. Even acts that are legal in your state but are illegal federally can affect an officer’s decision.

The following are some of the more common unlawful acts during a statutory period that will prove poor moral character:

• Moral turpitude crimes
• Receiving a 5-year sentence
• Controlled substance violation
• Incarcerated for 180 days
• Lying under oath
• Illegal gambling
• Habitual drunkard
• Two or more DUIs
• Failure to support dependents
• Adultery

Example:

An applicant living in California, where recreational marijuana is legal, applies for naturalization. During the USCIS interview, they admit to occasionally using marijuana purchased from a local dispensary. Although legal under state law, this admission violates federal law, where marijuana remains a controlled substance. As a result, USCIS may find the applicant lacks the required Good Moral Character and deny the application—even without any arrest or conviction—based solely on the admission of use.

Moral Turpitude

Moral turpitude is a term used by USCIS based on court precedent and not any actual legal definition. In plain terms, crimes involving moral turpitude are any unlawful acts that are immoral.

Below are some examples:

• Criminal intent or recklessness against another person
• Theft or forgery of government property or an individual’s property
• Sexual or family crimes
• Counterfeiting or attempting to bribe a government official

5-Year Sentence and 180 Days of Incarceration

When USCIS looks at your criminal history, they add up the total time from all your sentences. So if you had two separate sentences—one for two years and another for three years—USCIS sees that as a total of five years. They count the combined time, not just each sentence by itself.

180-day limit

They do the same with the actual time spent in jail or prison. If you were incarcerated for 90 days in one case and 100 days in another, USCIS counts that as 190 days total, which exceeds the 180-day limit that can affect your eligibility for naturalization.

Political Offense

However, if any of these sentences or jail time were due to a political offense (like being jailed for peaceful protest in another country), USCIS may disregard them when evaluating your application.

Controlled Substance Violation

A controlled substance violation can get many applicants in trouble due to changing laws. Many states and cities have legalized medicinal and/or recreational marijuana. However, federal law still considers marijuana a Schedule 1 controlled substance. Thus, if you take medical marijuana or take part in recreational marijuana, you can be considered of poor moral character even if it’s legal in your state and even if you have never had any arrests or convictions in relation to a controlled substance.

Lying Under Oath

Not only is lying under oath seen negatively, but failing to disclose records is also judged as poor moral character.

Habitual Drunkard

Being arrested for public intoxication is not the only criterion for being considered a habitual drunkard by USCIS. If there are divorce documents, other arrest information, employment records, or school records that show a pattern of being a habitual drunk, then USCIS will not consider you someone of good moral character.

Failure to Support Dependents

Failing to support dependents doesn’t only mean not paying child support. If you desert a minor or don’t pay enough child support, you will also be judged poorly by USCIS.

Under this category, the officer will look at any extenuating circumstances that may have prevented you from supporting your dependents, like unemployment or mistakes, or miscalculations by the court.

Adultery

If you committed adultery and it ended your marriage, then USCIS will not find that you have good moral character. The exceptions to this are if you and your spouse thought you were divorced, but it was later found invalid, or you couldn’t get a divorce and were separated.

Other Unlawful Acts

USCIS will also look at the following unlawful acts on a case-by-case basis to see if they find the applicant has poor moral character:

• Bank fraud
• Tax avoidance
• Falsifying records
• Insurance fraud
• Unlawful attempt to register to vote, unlawful voting, and unlawful claim of U.S. citizenship
• Social security fraud
• Unlawful harassment
• Violating a U.S. embargo
• Conspiracy to distribute a controlled substance

Acts Permanently Proving Poor Moral Character

USCIS judges the following acts as a permanent bar to good moral character, even if they occurred at any time other than the statutory period:

1. Not appearing to court where the punishment would be 2 years imprisonment
2. Attempted aggravated felony
3. Obstruction of justice
4. Bribery
5. Perjury
6. Serving 5 years for failure to appear in court
7. Imprisoned for one year for document fraud
8. Smuggling people
9. Murder
10. Rape
11. Any child pornography offense
12. Abuse of a minor
13. Trafficking controlled substances, firearms, or destructive devices
14. Laundering over $10,000
15. Serving at least one year for theft, racketeering, gambling, or any violent crime
16. Any unlawful act with firearms or explosive materials involved
17. Gathering or distributing classified information
18. Managing, transporting, or trafficking prostitutes
19. Over $10,000 in tax evasion or fraud
20. An aggravated felon entering or re-entering the U.S. illegally
21. Severe violations of religious freedom
22. Participating in genocide in any way
23. Involved with extrajudicial killings or torture

For a full list and specific details of these permanent bars, you can learn more from Volume 12 Part F of the USCIS Policy Manual.

Legal Data Available to USCIS

USCIS will have access to any criminal record that might exist. Also, USCIS might request you submit any dispositions for any arrests you may have on your record, even if you weren’t convicted of a crime.

USCIS will also look at any unlawful activities committed abroad and may request you submit additional evidence and information from other countries.

Legal Data USCIS Won’t Consider

Juvenile convictions, convictions from certain vacated judgments, and pardoned convictions before the statutory period will not affect the officer’s decision on your character.

However, convictions that were deferred or expunged will still be judged negatively by USCIS.

Good Moral Character and Deportation

If USCIS finds that you lack good moral character, you can potentially be deported. In many cases, you will likely just be denied naturalization without being deported. However, that can be a big risk to take, and that is why the assistance of an immigration attorney is imperative in the naturalization process.

Acts Proving Good Moral Character

There are ways to prove your good moral character, whether you have no criminal record or do have one and need to show reformation and rehabilitation.

You can demonstrate good moral character through the awards and volunteer section of a resume. Any special recognition or awards from your employer or school can help prove your case.

Any proof of community involvement or involvement with a religious organization will also help prove good moral character.

If you know you have a clean record, you can request an FBI background request on yourself and submit that along with a police clearance letter from every place you’ve lived.

You can also submit a No Criminal Record Certificate from countries abroad where you’ve resided. To learn the process of how to request the form from specific countries, visit the State Department’s website.

Another helpful tool to prove a good moral character is an immigration reference letter. This letter from family, friends, or colleagues should speak to your character with good moral character examples.

However, one of the most important ways to establish good moral character is by being honest in your N-400 form and your answers to the officer during the naturalization interview.

Good Moral Character Immigration Frequently Asked Questions 

Below you will find answers to the most commonly asked questions.

What does CMT mean? 

CMT stands for the “crime of moral turpitude,” and that basically means something done with the intention of malice or recklessness.

What is voluntary departure? 

This is a type of self-deportation where a person agrees to exit the United States by a certain date.

What is the period of time USCIS typically goes back to judge someone’s character? 

They usually look at the previous five years preceding your application for naturalization. If you are applying from the basis of being a spouse to a U.S. citizen then they may look at the prior 3 years instead of 5.

Should I submit proof of my good moral character? 

Discuss this with your immigration representative, but it is generally helpful to include documentation like special recognition or awards from your employer or school, proof of community involvement or involvement with a religious organization, an FBI background request on yourself and/or a police clearance letter from every place you have resided.

Can having evidence of my good moral character benefit my deportation case? 

In some instances, it absolutely can help strengthen your case if you risk deportation.

Are there instances where it wouldn’t help my case to demonstrate evidence of good moral character? 

This really needs to be addressed with your immigration attorney but yes, in some scenarios, such as in cases of abuse/trauma it may hinder your case to show achievements or other such things that were accomplished while in the United States. Demonstrating good moral character is typically not a facet of applying for asylum in the U.S. Your time is better spent highlighting other aspects of the naturalization application.

Is it possible for citizenship to be denied due to not having good moral character? 

Yes, it is possible to have your citizenship denied for this.