What is Good Moral Character?

To be eligible for naturalization you must be a person of good moral character. Good moral character has been interpreted by the courts as character that measures up to the standards of average citizens of the community in which the applicant resides. The United States Citizenship and Immigration Services (USCIS) will make a determination on your moral character based upon the laws Congress has passed. The USCIS will consider many factors in assessing whether or not you have exhibited good moral character during your five year period of review, which starts on the date you submit your "Application for Naturalization" (N-400). If the applicant is married to a U.S. citizen, the period of good moral character review is three years. However, the USCIS may still take into consideration the applicant's conduct and acts at any time prior to the five (or three year) period.

Typically, in the good moral character review, the USCIS will check your immigration record for any evidence of lying and your criminal record for any arrests, convictions, or crimes that involve "moral turpitude." What this means, is that the USCIS will be looking for any evidence that you have done anything contrary to justice, honesty, modesty or good morals. You should report all arrests, convictions, and crimes in your past to the USCIS, regardless of how major or minor they may be. If you do not and the USCIS discovers them, your naturalization would be denied simply because you exhibited a lack of good moral character by failing to report it.

There are also some crimes that are so void of any positive moral characteristics that they result in a permanent bar to naturalization. For instance, if an applicant has ever been convicted of murder, or has ever been convicted of an "aggravated felony" on or after November 29, 1990, then they can never become a U.S. citizen. An aggravated felony is a "crime of violence" for which the term of imprisonment is at least one year. For more information on what constitutes an aggravated felony see the hot topic of "What is an Aggravated Felony?"

If it is determined that you lack good moral character, there are many damaging things that could occur aside from a denial of your application. Potentially, you could be removed from the country if you have committed a major crime. This is a serious issue, so if you have questions or need advice as to how to proceed, do not hesitate to contact Shihab & Associates Co., LPA, so that we may properly assist you throughout the naturalization process.