Specifically, USCIS has directed immigration officers to evaluate additional factors when assessing whether applicants demonstrate “good moral character,” a key requirement for naturalization, alongside passing English and civics tests.
The requirement of “good moral character” is typically met when applicants have no criminal history or have not engaged in conduct that would disqualify them from U.S. citizenship, such as committing violent crimes or aggravated felonies.
Friday’s policy memorandum however expands this determination stating that the “good moral character” assessment must involve more than a “cursory mechanical review focused on the absence of wrongdoing.” The expanded policy will now require “a holistic assessment of an alien’s behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.”
This directive mandates greater scrutiny of factors that could show a lack of “good moral character,” which go beyond the crimes and disqualifying conduct previously taken into consideration by USCIS.
The new policy emphasizes that findings of good moral character “must go beyond the absence of disqualifying acts….it must reflect a genuine positive assessment of who the alien is and how they have lived in their community” with a character that is “commensurate with the standards of average citizens of the community in which the alien resides.”
New Totality of the Circumstances Approach
Moving forward, USCIS officers must account for an applicant’s positive attributes and not simply the absence of misconduct. In evaluating whether or not an applicant has met the requirement of demonstrating “good moral character,” USCIS will require officers to take a holistic approach to determine whether an applicant seeking naturalization has affirmatively established that he or she has met their burden of establishing that they are worthy of assuming the rights and responsibilities of U.S. Citizenship.
Greater Emphasis on Positive Attributes or Contributions
USCIS will now place greater emphasis on an applicant’s positive attributes and contributions in good moral character determinations.
These positive factors include, but are not limited to:
- Sustained community involvement and contributions in the United States.
- Family caregiving, responsibility, and ties in the United States.
- Educational attainment.
- Stable and lawful employment history and achievements.
- Length of lawful residence in the United States.
- Compliance with tax obligations and financial responsibility in the United States.
Greater Scrutiny of Disqualifying Behavior and Actions
USCIS will focus greater attention on whether an applicant has engaged in any behavior or act that disqualifies the individual from being found to be a person of good moral character. Disqualifying behavior or actions include, but are not limited to:
- Permanent bars to good moral character, such as murder, aggravated felony, crimes of violence, persecution, genocide, torture, or severe violations of religious freedom.
- Conditional bars to good moral character, such as controlled substances violations, two or more convictions for driving under the influence (DUI), false claim to U.S. citizenship, unlawful voter registration, or unlawful voting.
- Any other acts that are contrary to the average behavior of citizens in the jurisdiction where aliens reside. These could be actions that, while technically lawful, may be inconsistent with civic responsibility within the community, such as reckless or habitual traffic infractions, or harassment or aggressive solicitation.
- In assessing acts that are unlawful or contrary to the average behavior of citizens of the community in which the alien resides, USCIS will review all available documentation and question aliens seeking naturalization regarding the specific circumstances of their actions to determine if a particular situation or act should bar an alien from naturalization.
Rehabilitation and Reformation for Wrongdoers
USCIS will also focus greater attention on ensuring that individuals who have engaged in wrongdoing are properly rehabilitated and reformed. Consistent with the totality of the circumstances approach, evidence of genuine rehabilitation may support a finding of good moral character.
This includes, but is not limited to:
- Rectifying overdue child support payments or other family obligations.
- Compliance with probation or other conditions imposed by a court.
- Community testimony from credible sources attesting to alien’s ongoing GMC.
- Reformation or mentoring those with similar past.
- Full repayment of overpayment of benefits such as SSI.
- Full payment of overdue taxes.
According to the memo, “this approach will empower USCIS officers to review the complete history of aliens seeking naturalization, where no regulatory or statutory bars exist, and require such aliens to present their full story, demonstrating how their life aligns with a pattern of behavior that is consistent with the current ethical standards and expectations of the community in which they reside.”
To read the full policy update, please click here.
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Helpful Links
- Policy Memorandum: Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard for Aliens Applying for Naturalization
- September Visa Bulletin
- Adjustment of Status Filing Dates from Visa Bulletin
- Know your Rights if ICE visits your home or workplace
- Know your Rights Card (English)
- Know your Rights Card (Spanish)
- ICE Online Detainee Locator System
- ICE Immigration Detention Facilities
- USCIS Processing Times
- ImmigrationLawyerBlog
- ImmigrationU Membership
- Success stories
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