Proving Good Moral Character in Naturalization Cases
Under INA 316(a) and 8 CFR 316.2, all applicants for naturalization must have “Good Moral Character.” On August 25, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memo updating its interpretation of the Good Moral Character requirement.
What is “Good Moral Character” and how has the requirement changed?
Previously, when assessing whether an applicant had good moral character, USCIS focused on whether there were any statutory disqualifications applied. These statutory disqualifications are organized into permanent bars and conditional bars. Permanent bars to Good Moral Character include serious crimes, such as murder, genocide, torture, or severe violations of religious freedom. It also includes aggravated felonies, such as rape, sexual abuse of a minor, fraud, trafficking of controlled substances or firearms, and others.
Conditional bars to Good Moral Character include controlled substances violations, two or more convictions for driving under the influence (or DUIs), false claim to U.S. citizenship, unlawful voter registration, unlawful voting, etc.
Now, USCIS takes a “holistic approach.” In addition to the permanent bars and conditional bars, USCIS requires applicants demonstrate positive signs of Good Moral Character. USCIS now considers the “totality of the circumstances,” considering the applicant’s “behavior, adherence to societal norms, and positive contributions” to U.S. society.
What positive factors does USCIS now consider?
Under this new holistic approach, USCIS considers the applicant’s involvement and contributions to U.S. society. This includes the applicant’s:
Family ties in the U.S.;
Family caregiving responsibilities;
Property ownership in the U.S.;
Stable and lawful employment history;
Work-related achievements;
Length of lawful residence in the U.S.;
Volunteer and community service;
Participation in local religious or civic organizations;
U.S. military service; and
Compliance with tax obligations.
What negative factors does USCIS now consider?
Additionally, USCIS’s new holistic approach expands the list of negative factors it considers. There are now three negative factors. The first and second negative factors are the permanent bars and conditionals bars discussed above. Thirdly, USCIS will now consider “acts that are contrary to the average behavior of citizens” where the applicant lives. This includes actions that may technically be lawful but are “inconsistent with civic responsibility within the community,” such as persistent traffic violations or harassment.
As the name suggests, if an applicant is guilty of a permanent bar he or she is permanently barred from proving Good Moral Character. When a conditional bar applies, and the event occurred over five years ago, it will not necessarily disqualify the applicant from showing Good Moral Character. However, it is still a negative factor that should be overcome with evidence of rehabilitation. Similarly, if the applicant has committed acts that are contrary to the standard of a good person set by his or her community, then the applicant should submit evidence of rehabilitation.
How can an applicant show rehabilitation?
An applicant for naturalization can show rehabilitation by submitting proof of the following:
Paying off overdue child support payments;
Rectifying other outstanding family obligations;
Compliance with probation or other conditions imposed by a court (if a criminal conviction);
Mentoring individuals with similar criminal violations or undesirable conduct;
Full repayment of overpayment of any benefits; and
Full payment of overdue taxes.
What is the standard of proof when assessing Good Moral Character?
The standard of proof when assessing Good Moral Character, and in all naturalization decisions, is “preponderance of the evidence.” This means that the applicant must show that “it is more likely than not” that he or she has Good Moral Character.
What period of time does USCIS focus on when examining an applicant’s Good Moral Character?
In most cases, the applicant must show Good Moral Character during the five-year period immediately preceding his or her application for naturalization and up to swearing the Oath of Allegiance. If the applicant received his or her green card based on marriage to a U.S. citizen or Legal Permanent Resident, then the applicant must show Good Moral Character during the three-year period immediately preceding the application. Nevertheless, particularly under the new holistic approach, conduct prior to the five or three-year period may also impact the Good Moral Character assessment.
How can an applicant show Good Moral Character under the new, holistic approach?
Applicants for naturalization are now encouraged to proactively submit evidence of their positive signs of Good Moral Character. This evidence can include:
Employment records;
Proof of work-related achievements;
School records;
Records of military service;
Tax transcripts;
Records of volunteering or community service; and
Sworn statements from community members – such as religious or civic leaders, employers, family members, and friends – who can talk about the applicant’s Good Moral Character.
When negative factors are present, even if they are more than five years old, applicants should carefully prepare a thorough record of evidence relating to the offense and proactive steps the applicant has taken to rehabilitate. Applicants should be prepared to give a clear and honest record of the event(s) at their naturalization interview.
Conclusion
Filing for naturalization is the last step in a foreign national’s long road to citizenship. Under the new holistic approach, applicants should carefully curate evidence to demonstrate Good Moral Character. Here at Baibak Law, we are experienced in preparing robust applications for naturalization. If you would like to discuss your specific case and concerns, please contact us at (513) 203-5429 or schedule an initial consultation online.
Disclaimer: The information provided above, and on our website, is intended for general information purposes only and should not be construed as legal advice. This blog post shall not create an attorney-client relationship with the readers of its content.