D. Demonstrating Good Moral Character

• Library: Becoming a U.S. Citizen (Nolo) (2021 Ed.)

D. Demonstrating Good Moral Character

To qualify for citizenship, you must demonstrate good moral character during your permanent residency, with a particular focus on the last five years (or fewer, if you fall into one of the exceptional categories that can apply earlier). The longer you've shown good moral character, the stronger your case.

What is good moral character? According to USCIS, it's the moral standard of an average member of the U.S. community.

As a general rule, USCIS doesn't ask for proof that you're good; it looks for evidence you've been bad. So, if you've gone about your everyday business, paid taxes and, if need be, child support, and avoided trouble with the law (either in the United States or abroad), you should have no problem establishing your good moral character.

However, if you have some minor negative behavior to account for—for example, a series of traffic tickets, a past drinking problem, or adultery—you will need to balance out your bad acts by providing specific evidence of the good things you've done (as discussed in Section D17). Keep in mind that the USCIS determination of your moral character is a subjective, unscientific analysis in which the interviewing officer weighs your good and bad actions and decides which show the real you.

If you've committed more serious transgressions—for example, murder or another serious crime—you might not be able to outweigh them with your good deeds. Immigration laws detail a variety of actions that can destroy good character. Certain actions will permanently prevent a person from becoming a U.S. citizen; others will delay citizenship, at least until the person takes some other corrective action. If the law requires it, the USCIS officer might be forced to deny your citizenship, no matter how sympathetic your case.

If you have a criminal conviction, see an attorney before applying for citizenship. If USCIS discovers your criminal convictions (and it probably will, through your fingerprints), it may not only deny you citizenship, but the agency may send you to Immigration Court for removal proceedings. (Note: USCIS usually won't hold juvenile convictions—when you were younger than 18—against you. Still, it's wise to see a lawyer for a full analysis.)

Good Moral Character Checklist
[ ] Have you committed any crimes?	See Section D1.
[ ] If you have committed a crime, have you since completed all probation, parole, or similar obligations?	See Section D2.
[ ] Have you helped or encouraged anyone to enter the United States illegally?	See Section D3.
[ ] Have you lied to obtain immigration benefits?	See Section D4.
[ ] Have you pretended to be a U.S. citizen or voted illegally?	See Section D5.
[ ] Have you received government assistance (such as welfare) through fraud or within five years of any U.S. entry?	See Section D6.
[ ] Have you paid all court-ordered child support?	See Section D7.
[ ] Have you paid all your income taxes?	See Section D8.
[ ] Have you had drinking problems or been arrested for drunk driving?	See Section D9.
[ ] Have you been a drug addict or abused drugs?	See Section D10.
[ ] Have you been part of a bigamous or polygamous marital relationship?	See Section D11.
[ ] If you're male, did you register for the U.S. Selective Service on time?	See Section D13.
[ ] Have you deserted the U.S. military or evaded the draft or service by claiming to be a nonresident?	See Section D14.
[ ] Have you advocated Communist or totalitarian systems or attempted to overthrow the U.S. government?	See Section D15.
[ ] Have you done anything else that society disapproves of, such as committing a minor crime or adultery?	See Section D16.

CAUTION

You might have a criminal record and not know it. You may have been arrested for something minor and signed a paper saying you're guilty, then never gone to jail. Or you might have received "diversion," with no guilty plea, or perhaps your case was "expunged"—that is, erased from your record years later. Keep in mind that these crimes still count against you for immigration purposes (with rare exceptions). Worse yet, if you state on your citizenship application that your record is clean, you could run into serious problems if USCIS later accuses you of lying. If in doubt, consult with an immigration attorney, who will help you run a criminal check on your fingerprints.

The checklist above summarizes the most common ways—but not all the ways—in which good moral character can be undermined. Check any boxes for which you answer "yes" or aren't sure, and then review the appropriate sections.

Recent Years of Good Moral Character Might Not Be Enough

Although your main task is to prove that your moral character has been good for the required (usually five) years of permanent residence leading up to your citizenship application (I.N.A. § 316(a)(3), 8 U.S.C. § 1427(a)(3)), USCIS is allowed to consider your actions before this time period began. This is especially true if your earlier actions shed light on the type of person you are today. (I.N.A. § 316(a)(3), 8 U.S.C. § 1427(a)(3).)

For example, if the USCIS officer suspects that you make a lifestyle out of drinking and brawling, then a disorderly conduct conviction from six years earlier could weigh into the final decision. On top of this, there are certain actions that no amount of time will cure—for example, USCIS will never allow a convicted murderer to become a citizen.

Therefore, if you have any criminal or moral issues that arose prior to the last five years of your permanent residency (or fewer years, if you're using an exception to apply early), consult an attorney to determine the effect on your citizenship application.

1. You Have a Criminal Record

If you have ever been prosecuted for criminal activity, you'll need to see an immigration attorney for a full check of your record and what it means in immigration law terms. Don't try to interpret what's a serious crime and what isn't.

To give you an idea of what your attorney will need to analyze, we provide a brief overview of the most serious crimes that will permanently bar a person from citizenship (Subsection a, below) and of the various other crimes that will block or delay qualifying for citizenship (Subsection b, below).

CAUTION

Crimes committed overseas count, too. See a lawyer about any criminal prosecution in your past—even if it occurred overseas. Note: USCIS will not deny citizenship to refugees and asylees who were victims of inappropriate government prosecution—but talk to a lawyer anyway, just to be safe.

a. Crimes That Permanently Bar You From Citizenship

If you've ever been convicted of one of the following, you are permanently denied U.S. citizenship:

• murder, or
• an aggravated felony (if the conviction was after November 29, 1990).

These bars are automatic—that is, the USCIS officer reviewing your citizenship application will have no choice but to deny citizenship, no matter how long ago the crime occurred. In addition, you'll probably be placed in removal proceedings.

USCIS's definition of aggravated felonies includes more than the standard list of rape, sexual abuse of a minor, drug trafficking, firearm trafficking, racketeering, running a prostitution business, child pornography, and fraud of $10,000 or more. It also includes crimes that local and state courts sometimes classify as misdemeanors.

For example, any crime of violence, or theft or burglary that resulted in a prison term of one year or more will be considered an aggravated felony.

EXAMPLE: An immigrant who stole a car stereo was sentenced to six years in prison. The federal circuit court decided that this was an aggravated felony—a crime of violence, the court said, because the immigrant had pried the car door open first. (See U.S. v. Alvarez-Martinez, 286 F.3d 470, 2002 WL 538939 (7th Cir. 2002); 8 U.S.C. § 16.)

Resisting arrest has also been found to be a crime of violence. Even driving while under the influence of alcohol is sometimes considered a crime of violence, particularly if it involves reckless or intentional behavior.

Helping to smuggle an alien into the United States is also considered an aggravated felony—unless it was a first offense to help a spouse, child, or parent. Note that this exception doesn't cover smuggling grandparents, brothers, sisters, aunts, uncles, cousins, fiances, and friends.

There are many tragic stories of immigrants innocently or negligently led into criminal acts that are later classified as aggravated felonies—for example, someone who befriends a drug dealer, buys a fake green card, or has sex with an underage girlfriend. Because this area is so complex, see a lawyer if you believe your criminal record could affect your citizenship quest.

b. Crimes That Temporarily Bar You From Citizenship

Some crimes make a person only temporarily ineligible for citizenship. (See I.N.A. § 101(f), 8 U.S.C. § 1101(f).) If, after the date you committed the crime, you wait out the same number of years that you must have to meet your permanent residence requirement, you might be able to receive U.S. citizenship. We say "might" because USCIS can still consider your past actions in reviewing your...