Good Moral Character

  • Good Moral Character
Naturalization Eligibility

Good Moral Character for U.S. Naturalization

Good moral character is a central requirement for naturalization. USCIS may examine criminal conduct, false testimony, taxes, family obligations, immigration history, unlawful acts, and other conduct when deciding whether an N-400 applicant satisfies the requirement.

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Statutory Period Bars to GMC Unlawful Acts Before Filing N-400
The Requirement

Good Moral Character Is More Than the Absence of a Criminal Conviction

An applicant for naturalization has the burden of establishing good moral character during the applicable statutory period and through the administration of the Oath of Allegiance.

Criminal history is important, but it is only one part of the analysis. USCIS may also consider false testimony given to obtain an immigration benefit, failure to support dependents, certain unlawful acts, tax problems, immigration conduct, and other facts that may bear on the applicant's present moral character.

Some conduct creates a statutory bar. Other conduct requires a more individualized analysis. The legal effect of an incident therefore depends on what occurred, when it occurred, whether a conviction exists, and how the governing naturalization rules apply to the record.

Time Period

How Far Back Does USCIS Look for Good Moral Character?

The applicable statutory period depends on the provision under which the applicant seeks naturalization.

5
Years

General Naturalization Rule

Most applicants seeking naturalization under INA § 316 must demonstrate good moral character during the five years before filing and continue to demonstrate it through naturalization.

3
Years

Certain Spouses of U.S. Citizens

Applicants qualifying under the three-year naturalization provision for certain spouses of U.S. citizens generally have a three-year statutory good moral character period.

The statutory period does not necessarily prevent USCIS from looking further into the past. Earlier conduct may be considered when it is relevant to determining the applicant's present moral character.

The Legal Framework

Three Different Questions May Control a GMC Case

I

Is There a Permanent Bar?

Certain conduct can permanently prevent an applicant from establishing good moral character for naturalization.

II

Is There a Bar During the Statutory Period?

Other conduct may prevent a finding of good moral character when it occurs during the applicable statutory period.

III

What Does the Overall Record Show?

When no automatic bar resolves the case, USCIS may evaluate the applicant's conduct and character under the broader governing standard.

Permanent Bars

Some Conduct Can Permanently Bar a Finding of Good Moral Character

Before focusing on rehabilitation or favorable evidence, an applicant must determine whether the record contains conduct that creates a permanent statutory bar.

Murder A conviction for murder at any time prevents an applicant from establishing good moral character under the naturalization rules.
Certain Aggravated Felony Convictions A conviction for an aggravated felony on or after November 29, 1990 generally creates a permanent bar to establishing good moral character.
Conduct During the Statutory Period

Conduct That Can Prevent a Finding of Good Moral Character

The regulations identify several categories of conduct that may prevent an applicant from establishing good moral character during the relevant statutory period.

I

Crimes Involving Moral Turpitude

Certain crimes involving moral turpitude may create a good moral character bar, subject to the statutory rules and applicable exceptions.

II

Controlled Substance Violations

Drug-related conduct can create serious naturalization problems. The regulations contain a limited exception involving a single offense for simple possession of 30 grams or less of marijuana.

III

False Testimony

Giving false testimony under oath with the intent to obtain an immigration benefit can prevent an applicant from establishing good moral character even when the false statement was not material to eligibility.

IV

180 Days of Confinement

Confinement to a penal institution for an aggregate of 180 days or more as a result of one or more convictions can create a statutory good moral character problem.

V

Failure to Support Dependents

Willful failure or refusal to support dependents during the statutory period may prevent a finding of good moral character unless qualifying extenuating circumstances are established.

VI

Other Statutory Categories

Prostitution or commercialized vice, alien smuggling, polygamy, certain gambling conduct, habitual drunkenness, multiple offenses, and other specified conduct may also affect the GMC analysis.

The Unlawful Acts Provision

An Applicant Can Have a GMC Problem Even Without a Listed Automatic Bar

The good moral character regulations contain an additional provision covering unlawful acts that adversely reflect upon an applicant's moral character even when the conduct does not fall within one of the specifically listed permanent or statutory bars.

This provision can make the analysis significantly broader than simply asking whether an applicant has a disqualifying criminal conviction.

Extenuating Circumstances Matter

Under 8 C.F.R. § 316.10(b)(3), certain conduct, including unlawful acts adversely reflecting on moral character, may prevent a finding of GMC unless the applicant establishes extenuating circumstances.

The relevant analysis is therefore highly fact specific. The nature of the act, surrounding circumstances, timing, and available evidence can matter substantially.

Conduct Outside the Statutory Period

An Old Incident Is Not Automatically Irrelevant

USCIS is not necessarily limited to conduct occurring during the three-year or five-year statutory period.

The regulations permit USCIS to consider earlier conduct when conduct during the statutory period does not demonstrate reform of character or when the earlier acts otherwise appear relevant to determining the applicant's present moral character.

This means an applicant should not assume that an arrest, immigration issue, false statement, or other event is harmless merely because it occurred more than five years ago.

At the same time, the legal significance of earlier conduct is different from the significance of conduct that itself creates a statutory bar during the applicable period.

Current USCIS Evaluation

Good Moral Character May Involve a Broader Review of the Applicant

Current USCIS guidance calls for a holistic assessment of good moral character rather than treating the inquiry solely as a checklist for the absence of disqualifying conduct.

Potential Adverse Factors

  • Criminal or unlawful conduct
  • False testimony or dishonesty
  • Failure to comply with tax obligations
  • Failure to support dependents
  • Immigration-related misconduct
  • Other conduct relevant to present character
◆

Potential Favorable Evidence

  • Rehabilitation and reform
  • Family responsibilities
  • Community involvement
  • Employment and long-term stability
  • Compliance with legal obligations
  • Other evidence relevant to character
Common N-400 Questions

Good Moral Character Issues Are Often More Complicated Than They Appear

Arrest Without Conviction Dismissal of a criminal charge does not always end the naturalization analysis. USCIS may examine the underlying conduct as permitted by the governing rules.
Expunged Record An expungement does not necessarily eliminate the immigration consequences of a conviction or prevent USCIS from considering the event.
DUI A DUI case requires review of the precise offense, surrounding facts, criminal record, statutory period, and any additional conduct relevant to GMC.
Unpaid Taxes Tax filing, payment, repayment arrangements, and the reasons for noncompliance may become relevant to the good moral character inquiry.
Child Support USCIS may examine whether an applicant complied with legal obligations to support dependents and whether any failure was willful.
False Statements The legal effect of a false statement depends on where and how it was made. False testimony for immigration benefits has its own statutory significance in the GMC analysis.
Old Criminal Conduct Conduct outside the ordinary statutory period may still matter when USCIS considers reform of character or present moral character.
Before Filing Form N-400

Review a Potential GMC Problem Before Asking USCIS to Review It

Applicants with criminal records, tax problems, prior false statements, family support issues, or other potentially adverse conduct may benefit from determining the immigration consequences before filing Form N-400.

The question is not merely whether the applicant can answer “yes” or “no” to a particular N-400 question. The underlying records and legal effect of the conduct may be more important.

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Criminal History & Naturalization →
Prior Immigration History →
Naturalization Risk Before Filing →
N-400 Problems →
After a Denial

Was Your N-400 Denied for Lack of Good Moral Character?

A GMC denial should be examined carefully to determine the precise conduct USCIS relied upon, whether USCIS found a statutory bar, whether the agency relied on the broader character standard, and what evidence exists to challenge or address the finding.

The appropriate strategy may involve an N-336 hearing, additional evidence and legal argument, waiting for a statutory period to pass, or another course depending on the reason for denial.

Naturalization Denials N-336 Hearings Federal Court Review
Good Moral Character Resource Center

Good Moral Character Issues in Naturalization Cases

Good moral character is not one isolated rule. The result may depend on the statutory period, whether a permanent or conditional bar applies, whether USCIS relies on the unlawful-acts provision, what earlier conduct shows, and whether favorable evidence or extenuating circumstances matter.

Core Good Moral Character Rules

Overview Good Moral Character Requirements The basic GMC framework and what USCIS examines during naturalization. Timing Good Moral Character Statutory Period Five-year and three-year periods and continuing GMC through naturalization. Permanent Bars Permanent Bars to GMC Murder, qualifying aggravated felonies and other permanently disqualifying conduct. Conditional Bars Statutory-Period GMC Bars Conduct that can prevent a GMC finding during the applicable statutory period. Unlawful Acts Unlawful Acts and GMC Conduct outside specifically listed bars that may still adversely reflect on character. Overall Evaluation Totality of the Circumstances How adverse and favorable evidence may fit into a broader character assessment. Favorable Evidence Rehabilitation and Reform Evidence of changed conduct, responsibility, stability and rehabilitation. Evidence How to Prove Good Moral Character Documents, declarations and other evidence relevant to a disputed GMC issue. Older Conduct Conduct Before the GMC Period When USCIS may consider events occurring before the ordinary statutory period.

False Statements, Citizenship Claims and Voting

False Testimony False Testimony and Naturalization False oral statements under oath made with intent to obtain an immigration benefit. N-400 Answers Incorrect or False N-400 Answers When an incorrect answer becomes a credibility, GMC or immigration-history problem. Prior Statements Inconsistent Immigration Statements Differences between N-400 testimony and earlier immigration applications or interviews. Citizenship Claim False Claim to U.S. Citizenship Naturalization consequences of prior representations of U.S. citizenship. Voting Unlawful Voting and Naturalization Voting history, eligibility, intent and immigration consequences. Registration Voter Registration Problems Registration records and related citizenship representations.

Taxes, Family Obligations and Other Conduct

Taxes Unpaid Taxes and Naturalization Tax debt, compliance history and evidence relevant to good moral character. IRS Payment Plan Naturalization With a Tax Payment Plan How an installment agreement and ongoing tax compliance may affect the analysis. Tax Returns Failure to File Tax Returns Unfiled returns, correction of past noncompliance and the GMC consequences. 1040-NR Nonresident Tax Returns Tax positions that may affect both GMC and permanent-residence questions. Dependents Child Support and Naturalization Support obligations, compliance, arrears and extenuating circumstances. Family Support Alimony and Support Obligations Failure to meet court-ordered or legal family-support obligations. Gambling Gambling and Good Moral Character When gambling conduct or gambling offenses may affect naturalization. Alcohol Habitual Drunkard Provision The statutory GMC category and evidence USCIS may consider.
Primary Legal Authorities

Good Moral Character Resources

USCIS Policy Manual — Volume 12, Part F: Good Moral Character USCIS Policy Manual — General Naturalization Requirement of Good Moral Character 8 C.F.R. § 316.10 — Good Moral Character USCIS Policy Memoranda — Good Moral Character Guidance

Concerned About Good Moral Character Before or After Filing N-400?

Review the conduct, the government record, the statutory period, and the applicable naturalization rules before deciding how to proceed.

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