Do you have “Good Moral Character?” – USCIS wants to know
United States Citizenship and Immigration Services (“USCIS”) has issued new policy guidance regarding its evaluation of applicants for naturalization, the process through which foreign nationals become U.S. citizens. In August, USCIS issued a new policy memorandum entitled “Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard for Aliens Applying for Naturalization.”
As part of the naturalization process, an applicant must demonstrate that they have been and continue to be an individual of good moral character (“GMC”). The policy memorandum introduces this eligibility factor and the way it has been assessed throughout the history of immigration law in the United States (“U.S.”). GMC is by no means a new factor, but this new guidance shifts the lens. The policy memorandum provides that USCIS officers are now required to consider not only an applicant’s general absence of misconduct, but also an applicant’s positive attributes and contributions to society. The guidance also further divides disqualifying actions or behaviors into three categories: 1) permanent bars (e.g., murder, aggravated felony, torture and violent crimes); 2) conditional bars (e.g., controlled substances violations, two or more DUI convictions, unlawful voter registration or voting, and falsely claiming U.S. citizenship); and 3) “any other acts contrary to the average behavior of citizens” where the applicant lives even if such acts are “technically lawful.” In considering the latter two categories, USCIS directs officers to review an applicant’s “complete history,” emphasizing documentation of genuine rehabilitation, compliance with court-imposed conditions, or rectifying prior misconduct, such as paying overdue child support.
The policy memorandum instructs that an officer’s assessment of GMC must include review of a foreign national’s “behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.” The stated goal of the policy memorandum is to “chart[] an improved direction” for GMC assessments where the Trump administration sees a prior deficiency. USCIS asserts that the previous legal framework for assessing GMC was too simplified. The agency describes that prior standard as a mechanical checklist focused only on the absence of negative conduct or specific disqualifying acts. The agency describes the new policy as a shift to a more holistic approach to assess whether an applicant has affirmatively demonstrated eligibility to obtain U.S. citizenship.
When USCIS issues guidance such as this, what does it mean? It tells officers to adjust their review processes, and by extension, it informs applicants that there is a new evidentiary expectation, and to prepare their applications accordingly or expect agency pushback, such as a Request for Evidence or a Notice of Intent to Deny. USCIS will now place greater emphasis on an applicant’s positive attributes and contributions. A foreign national applicant for naturalization must now be prepared to affirmatively demonstrate good moral character by submitting evidence demonstrating:
Sustained community involvement and contributions in the U.S.
Family caregiving, responsibilities and ties to the U.S.
Education attainment
Stable and lawful employment history and achievements
Length of lawful residence in the U.S.
Compliance with U.S. tax obligations and financial responsibility
USCIS notes that this evidence should show how an applicant meets the “ethical standards and expectations” of their community in the U.S. It is unclear how crucial this nexus will be, but the conservative approach will be to present evidence that demonstrates and ties in specific community ties and characteristics.
If you are considering naturalization, how can you prepare with this policy in mind? The primary answer is to strategize early and prepare or preserve documenation proactively. Policy changes such as this one also mean the onset of a gray period, during which officers and applicants alike are navigating new requirements and what documentation might satisfy the standard. In practice, this means preparing and submitting more curated and robust records of evidence and applications for naturalization. It will be critical to keep these requirements in mind well-ahead of filing an application for natrualizatoin and to be strategic in preparing such applications. Foreign nationals considering naturalization must keep this policy shift in mind when considering their eligibility in order to be properly prepared for the process and to mitigate issues on their path to citizenship. The Immigration Practice Group at Pierson Ferdinand is available to assist you in navigating these changes and to guide your long-term immigration plans.
The Immigration Practice Group at Pierson Ferdinand (immigration@pierferd.com) includes Junior Partner Allison Bustin (allison.bustin@pierferd.com), Partner Giovanni Antonucci Di Cesare (giovanni.antonucci@pierferd.com), and Founding Partner Sanford Posner (sanford.posner@pierferd.com), all of whom are available to counsel and to address any immigration matters.
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