What is good moral character and why is it important for obtaining Citizenship through naturalization?

What is good moral character and why is it important for obtaining Citizenship through naturalization?

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Good moral character refers to someone who does not have a serious criminal history and generally fulfills his/her obligations under the law. It is also a requirement for those who want to obtain Citizenship through naturalization.

The United States Citizenship and Immigration Services, USCIS, defines good moral character as “character which measures up to the standards of average citizens of the community in which the applicant resides.”

Why do you need good moral character to become a US Citizen?

Showing good moral character is one of the key requirements for US Citizenship through naturalization. This means proper behavior, not committing certain crimes during the five years before applying and also not lying during the naturalization interview.

Nonetheless, you may be wondering why you need to show all of the above. The reason is that it is important for the USCIS to ensure that the person they are allowing to become a US Citizen is a good person.

However, demonstrating good moral character is very important in many immigration cases, but it is not required in all of them. In some of them, proving your accomplishments to the court could hurt you instead. We’ll give you more information about this below.

What behaviors indicate a lack of good moral character?

Some of the behaviors that indicate a lack of good moral character are:

• Drunk driving;
• Illegal gambling;
• Prostitution;
• Lying to obtain immigration benefits.

However, since December of 2019, the Department of Homeland Security published a press release where they indicate that they were expanding USCIS’ Policy Guidance that can prevent an applicant from meeting good moral character (GMC), and therefore, block his or her path to becoming a US Citizen.

“This update to the Policy Manual provides additional examples of unlawful acts and instructions to ensure USCIS adjudicators make uniform and fair determinations and further identify unlawful acts that may affect GMC based on judicial precedent. This update does not change the impact of an unlawful act on USCIS’s analysis of whether an applicant can demonstrate GMC”, you can read in the press release.

There, they list the following examples of unlawful acts recognized by case law as barring GMC:

• Bail jumping;
• Bank fraud;
• Conspiracy to distribute a controlled substance;
• Failure to file or pay taxes;
• False claim to US citizenship;
• Falsification of records;
• Forgery uttering;
• Insurance fraud;
• Obstruction of justice;
• Sexual assault;
• Social Security fraud;
• Unlawful harassment;
• Unlawful registration to vote;
• Unlawful voting; and
• Violation of a US embargo.

Good moral character is also important for Permanent Residents

The reason why Lawful Permanent Residents, LPR, need to also demonstrate good moral character is because if they intend to apply later on for naturalization, they must show that they have had GMC during the time that they have been a Permanent Resident.

Demonstrating moral character can benefit certain immigration applications

If you have stayed in the United States without permission, you may still qualify for certain types of immigration, such as if you were a victim of a crime (U Visa or VAWA). In this situation, you will need to demonstrate that you have good moral character.

Additionally, when a person is in deportation or removal proceedings, they can use proof of GMC to defend themselves in this case. However, it is always important, no matter the circumstances surrounding your immigration, to have the support and guidance of a professional and experienced immigration attorney.

Good moral character is not needed in certain situations

There are some cases in which listing all of your accomplishments could undermine an application. For instance, if you want to show substantial mental abuse for a U Visa, showing your good moral character during the time you were abused can hurt your case. In asylum cases, providing proof of GMC if you did not file within a year of arrival could be interpreted by the authorities that you were doing other things rather than seeking asylum and therefore, not meeting a good moral character.

Permanent bars to good moral character

There are some crimes that will permanently bar you from naturalizing as a US Citizen and they are:

• Murder;
• Aggravated felony;
• Persecution;
• Genocide;
• Torture;
• Severe violations of religious freedom.

In addition to permanent bars, there are also other bars that are conditional. USCIS refers to them as conditional bars that are triggered by specific acts, offenses, circumstances, convictions and activities that occur within the statutory period for naturalization, which is normally five years before applying.

Some conditional bars to good moral character are:

• Crimes involving moral turpitude;
• Aggregate sentence of five years or more;
• Controlled substance violation;
• Incarceration for 180 days;
• False testimony under oath;
• Prostitution offenses;
• Smuggling of a person;
• Polygamy;
• Gambling offenses;
• Habitual drunkard;
• Failure to support dependents;
• Adultery;
• Unlawful acts.

As we said above, immigration and obtaining Citizenship can be a complicated process, but you do not need to figure it out on your own. By obtaining help and guidance from an immigration lawyer in San Diego, California, you will be sure that the attorney has you in his/her best interests and will seek the best immigration route for you. Contact Kannan Law today for more information!