Permanent Bars to Good Moral Character for Naturalization
Most good moral character problems are tied to a defined period before naturalization. Permanent bars are different. Certain convictions and specified conduct can prevent an applicant from establishing good moral character regardless of how many years have passed. Before concluding that a permanent bar applies, however, the exact conviction, date, statutory definition, court history, and any legally effective pardon or post-conviction relief should be reviewed.
What Permanently Bars Good Moral Character?
Federal naturalization law contains limited categories that can permanently prevent a finding of good moral character.
Under 8 C.F.R. §316.10, an applicant must be found to lack good moral character if the applicant was convicted of murder at any time or was convicted of an aggravated felony, as defined by immigration law, on or after November 29, 1990.
INA §101(f) also permanently bars a finding of good moral character for certain persons who at any time engaged in specified conduct involving Nazi persecution, genocide, torture, extrajudicial killings, or severe violations of religious freedom.
The Principal Permanent Good Moral Character Bars
A Murder Conviction Is Not Limited by the Five-Year or Three-Year GMC Period
The regulation separately identifies murder because the ordinary statutory-period rules do not cure the conviction through passage of time.
A murder conviction from decades before the N-400 filing can therefore remain dispositive even though the conviction falls far outside the ordinary five-year or three-year GMC period.
The actual conviction record should still be reviewed. Criminal terminology can vary by jurisdiction, and the immigration analysis must be based on the legally operative conviction rather than an informal description of the criminal case.
“Aggravated Felony” Is a Federal Immigration Classification
INA §101(a)(43) contains the federal immigration definition of aggravated felony.
The classification cannot be determined merely by asking whether the offense was called a felony in state court.
Depending on the particular aggravated-felony category, the analysis may require review of the statutory elements, record of conviction, loss amount, sentence imposed, term of imprisonment, controlled substance involved, or other legally relevant facts.
An offense classified as a misdemeanor under state law can potentially fall within an immigration aggravated-felony category, while a state felony does not automatically qualify.
Not Every Felony Is an Aggravated Felony
State Criminal Classification
State law may classify an offense as a misdemeanor, felony, degree of felony, or another criminal category.
Those labels control many state criminal-law consequences but do not by themselves determine the federal immigration classification.
Federal Immigration Classification
Immigration law asks whether the conviction falls within one of the categories Congress included in INA §101(a)(43).
That analysis may depend on statutory elements and other legally permitted conviction records.
The exact criminal statute must therefore be analyzed rather than relying on the offense label.
Why the Exact Conviction Matters
Theft Offenses
A theft conviction may require analysis of both the statutory elements and the term of imprisonment before determining whether an aggravated-felony theft category applies.
Fraud or Deceit
Certain fraud or deceit aggravated-felony provisions depend on a loss exceeding the statutory threshold, making the underlying criminal record especially important.
Crimes of Violence
Whether an offense qualifies as an aggravated-felony crime of violence depends on the applicable federal definition and other statutory requirements, not merely whether the conduct was physically serious.
Controlled-Substance Offenses
Drug offenses require careful classification because not every controlled-substance conviction is an aggravated felony even though many can create serious naturalization or removal consequences.
Certain Persecution and Human-Rights Conduct Permanently Prevents GMC
Current federal law also provides that a person cannot be found to have good moral character if the person at any time engaged in specified conduct referenced in the inadmissibility provisions concerning Nazi persecution, genocide, torture, extrajudicial killing, or severe violations of religious freedom.
| Category | General Issue | Timing |
|---|---|---|
| Nazi Persecution | Specified participation in persecution associated with Nazi Germany or allied governments. | Conduct at any time may prevent a GMC finding. |
| Genocide | Participation in conduct falling within the statutory genocide provision. | Not limited to the ordinary five-year or three-year GMC period. |
| Torture | Conduct described in the statutory torture provision. | The statute uses an “at any time” rule. |
| Extrajudicial Killing | Participation in conduct meeting the incorporated statutory definition. | Passage of the ordinary GMC period does not cure the statutory problem. |
| Severe Violations of Religious Freedom | Certain foreign government officials responsible for or directly carrying out particularly severe violations of religious freedom fall within the referenced statutory provision. | INA §101(f)(9) is not limited to the ordinary statutory period. |
Waiting Longer Can Help With Some GMC Problems—but Not a True Permanent Bar
Permanent GMC Bar
- Not cured merely because the event becomes older.
- Ordinary five-year or three-year passage of time is insufficient.
- Exact statutory classification is critical.
- Any legally effective pardon or vacatur must be analyzed separately.
Conditional GMC Bar
- Depends on conduct within the applicable statutory period.
- Eligibility can sometimes change as time passes.
- Older conduct may nevertheless remain relevant to present GMC.
- The future filing date may therefore matter significantly.
See the GMC statutory-period rules →
What If the Aggravated-Felony Conviction Was Before November 29, 1990?
The regulatory permanent GMC bar for aggravated felonies applies to convictions on or after November 29, 1990.
A pre-November 29, 1990 conviction therefore should not simply be treated as though the regulatory cutoff does not exist.
That does not mean the conviction is irrelevant. USCIS may consider older conduct when assessing present moral character, and the offense may carry separate immigration consequences depending on the applicant's history.
Questions to Review
- Exact conviction date
- Exact offense statute
- Whether murder is involved
- Whether another permanent provision applies
- Whether the conduct remains relevant to present GMC
- Whether the conviction creates removability
- Whether it affected original LPR eligibility
- Whether post-conviction relief exists
A Full and Unconditional Executive Pardon Can Change the GMC Analysis
The naturalization regulation contains specific provisions addressing a full and unconditional executive pardon.
If such a pardon was granted before the beginning of the statutory period, the regulation provides that the applicant is not automatically precluded by the permanent-conviction provision from establishing good moral character if the applicant also demonstrates reformation and rehabilitation before the statutory period.
The existence, source, scope, timing, and legal effect of a pardon should therefore be reviewed rather than assuming that every pardon has the same immigration consequence.
Why Was the Conviction Vacated?
A court order eliminating a conviction can have very different immigration consequences depending on why the court entered the order.
Vacated for a Legal Defect
USCIS policy provides that a judgment vacated because of a constitutional defect, statutory defect, or qualifying error in the underlying criminal proceeding is not treated as a conviction for immigration purposes.
This can fundamentally change the GMC analysis if the alleged permanent bar depended on that conviction.
Vacated for Rehabilitation or Immigration Reasons
A conviction generally remains a conviction for immigration purposes when it was eliminated only because the person completed a rehabilitative program or to avoid immigration consequences rather than because of a defect in the criminal case.
The text of the court order and the legal basis for vacatur are therefore critical.
An Expunged or Sealed Record Is Not Automatically Erased for Naturalization
State criminal law may permit a record to be sealed, expunged, dismissed after rehabilitation, or otherwise removed from ordinary public access.
Immigration law uses its own definition of conviction. USCIS policy generally treats rehabilitative expungement as insufficient to eliminate the underlying conviction for immigration purposes.
Applicants should therefore not assume that an expunged conviction cannot affect naturalization or need not be disclosed.
Obtain
- Original charging document
- Original judgment
- Original sentence
- Expungement or sealing order
- Motion requesting post-conviction relief
- Court's stated legal basis
- Transcript, if necessary
- Certified final disposition
Not Every Permanent Bar to Naturalization Is a Good Moral Character Bar
Naturalization law contains other provisions that can permanently prevent citizenship even though they are analytically separate from the permanent GMC provisions discussed on this page.
For example, INA §315 addresses certain persons who sought and obtained exemption or discharge from U.S. military service because of alienage.
Certain persons convicted by court martial as deserters may also face a permanent naturalization bar.
Those issues should be analyzed under their own statutes rather than incorrectly labeling every permanent naturalization problem a “good moral character bar.”
A Permanent GMC Bar Can Also Signal a Removal Problem
The fact that a conviction permanently prevents good moral character does not itself determine every other immigration consequence. Nevertheless, convictions within the aggravated-felony definition can also create serious deportability issues.
Naturalization Question
Does the conviction or conduct permanently prevent the applicant from establishing the good moral character required for citizenship?
Removal Question
Does the same conviction independently make the lawful permanent resident deportable, and if so, what defenses or relief may exist?
These are separate legal analyses.
Do Not File Solely Because the Conviction Is Old
Applicants sometimes assume that any criminal problem disappears from naturalization once five years have passed. That assumption can be particularly dangerous when the conviction may fall within a permanent GMC category.
Obtain the Criminal Records
Do not rely solely on memory, a background check, or the informal name of the offense.
Identify the Statute of Conviction
Determine the exact jurisdiction and statutory subsection in effect when the conviction occurred.
Determine the Conviction Date
The November 29, 1990 aggravated-felony cutoff can materially affect the GMC analysis.
Classify the Offense Under Federal Immigration Law
Determine whether the conviction actually falls within an INA §101(a)(43) aggravated-felony category.
Review Post-Conviction History
Examine any appeal, pardon, vacatur, expungement, resentencing, or other court action and determine its immigration effect.
Evaluate Removal Risk Before Filing
If the conviction may create deportability, determine the immigration consequences before voluntarily placing the entire record before USCIS in a naturalization proceeding.
Verify That USCIS Correctly Found a Permanent Bar
A decision describing a conviction as an aggravated felony should be compared with the actual statute, conviction record, conviction date, sentence, and governing immigration law.
If USCIS misclassified the conviction, overlooked legally effective post-conviction relief, used an incorrect conviction date, or treated a conditional bar as permanent, Form N-336 may provide a procedure for challenging the decision.
Where the permanent bar is legally correct, however, character letters or evidence that many years have passed ordinarily do not solve the underlying statutory problem.
Permanent Good Moral Character Bar FAQs
What crimes permanently bar good moral character for naturalization?
The regulation expressly identifies a murder conviction at any time and an aggravated-felony conviction on or after November 29, 1990. Federal law also permanently bars GMC for certain specified persecution and human-rights conduct.
Does every felony permanently prevent U.S. citizenship?
No. A state-law felony is not automatically an aggravated felony under immigration law. The exact conviction must be compared with the federal immigration definition.
Does every aggravated felony permanently bar naturalization?
Under 8 C.F.R. §316.10, the permanent aggravated-felony GMC bar applies to convictions on or after November 29, 1990. Murder is separately listed as a permanent bar regardless of when the conviction occurred.
What if the conviction was before November 29, 1990?
The regulatory aggravated-felony permanent bar does not simply apply as though the cutoff did not exist. The conviction may still be relevant to present GMC or create another immigration consequence, so the complete case must still be analyzed.
Can I wait five years after an aggravated felony and then apply?
Waiting five years does not cure a conviction that falls within the permanent aggravated-felony GMC bar.
Can a misdemeanor be an aggravated felony?
Potentially. The federal immigration classification does not depend solely on whether the state called the offense a misdemeanor or felony.
Does expungement eliminate an aggravated felony for immigration purposes?
Generally, a rehabilitative expungement does not eliminate the underlying conviction for immigration purposes. The specific order and legal basis must be reviewed.
What if my conviction was vacated?
USCIS policy distinguishes a judgment vacated because of a substantive or procedural defect from one eliminated only for rehabilitation or to avoid immigration consequences. The reason for the vacatur can determine whether a conviction still exists for immigration purposes.
Can a pardon eliminate a permanent GMC bar?
The naturalization regulation contains a specific provision for a full and unconditional executive pardon. The source, scope, timing, and effect of the pardon and evidence of reformation should be analyzed carefully.
Does a foreign pardon eliminate a conviction?
USCIS policy generally does not treat a foreign pardon as eliminating the conviction for immigration purposes.
Can USCIS look at an aggravated felony conviction from decades ago?
Yes. A conviction that falls within the permanent GMC provision is not limited by the ordinary five-year or three-year statutory period.
Are crimes involving moral turpitude always permanent bars?
No. CIMTs are generally analyzed under the conditional GMC provisions and applicable statutory-period rules unless the conviction independently falls within another permanent category, such as an aggravated felony.
Are controlled-substance convictions always permanent GMC bars?
No. Controlled-substance violations have their own GMC rules. Certain drug convictions may also qualify as aggravated felonies, however, which can create a separate permanent-bar analysis.
Can an aggravated felony also cause deportation?
Yes. Many aggravated-felony convictions carry separate deportability consequences. The removal analysis should be performed independently from the naturalization GMC analysis.
Should I file N-400 if I may have an aggravated felony?
The conviction should generally be classified under immigration law and any removal consequences evaluated before filing. An old conviction should not be assumed safe merely because substantial time has passed.
Continue Reviewing the GMC Analysis
Permanent GMC Bars & Criminal Convictions
Concerned That an Old Conviction May Permanently Prevent Naturalization?
The Messersmith Law Firm, P.A. represents clients in complex naturalization matters involving aggravated felonies, old convictions, good moral character, criminal immigration consequences, pardons, vacated convictions, N-400 denials, N-336 hearings, lawful permanent residence, and removal risk.
Request a Naturalization Case ReviewThis website provides general information and does not create an attorney-client relationship. Whether a conviction creates a permanent good moral character bar depends on the exact criminal statute, conviction date, record of conviction, applicable aggravated-felony definition, post-conviction history, immigration history, and law applicable to the individual case.