Good Moral Character and Naturalization - Part I: Absolute Bars to Showing GMC

When it comes to applying for Naturalization, one of the major components of the application process is showing that you possess good moral character ("GMC") during the relevant statutory period. For individuals naturalizing under the standard eligibility requirements, this would be a five year statutory period and for those naturalizing via marriage to a U.S. citizen, the period is only three years.

Regardless of the period that is applicable to your situation, you must prove to USCIS that you have "character which measures up to the standards of average citizens of the community in which you reside." For most people, good moral character will not be an issue, because the standard is not perfection and everyone makes mistakes in their lives; however, depending on the depth and circumstances of such a mistake it could make or break your application.

In this four part series, we will cover the statutory and regulatory bars to showing good moral character. What this means is that in some situations, you will be effectively barred from showing good moral character and therefore, are ineligible to naturalize and become a U.S. citizen. In other situations, you may be barred, but that bar can be overcome by providing additional evidence such as proof of rehabilitation and reformation of your character. This post will focus on the Absolute Bars to GMC, while the upcoming posts will cover: Conditional Bars to GMC, Bars that Apply Absent Extenuating Circumstances, and the Catchall Provision.

It is important to note that although USCIS officers are examining your conduct that occurred during the relevant statutory periods, they are not prevented from looking beyond these time frames. While events that occurred prior to the statutory periods do not carry as much weight, they will still be taken into consideration and could be grounds for denying your application. In fact, in some instances, even though you may have crossed the statutory period threshold, you may have an incident in your past that could affect your GMC and therefore justify waiting longer before actually filing.

ABSOLUTE BARS TO SHOWING GOOD MORAL CHARACTER

When it comes to GMC, the most obvious factor that affects your ability to show GMC is whether you have a criminal history. Furthermore, under our immigration laws, there are certain offenses that the government has classified as absolute bars to being able to show GMC. If you have a conviction on your record or admit to committing any of the following, you are permanently ineligible to naturalize on the grounds that you cannot show GMC:

Conviction of murder at any time;
Conviction of or engagement in persecution, genocide, torture, or severe violations of religious freedom at any time; or
Conviction of an aggravated felony as defined by INA § 101(a)(43) on or after November 29, 1990.
- Some offenses under this category include:
  - murder, rape, sexual abuse of a minor;
  - illicit trafficking in a controlled substance;
  - illicit trafficking in firearms or destructive devices;
  - money laundering;
  - a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment is at least 1 year;
  - possessing or producing child pornography;
  - racketeering;
  - operating a prostitution business; and
  - fraud crime resulting in losses to the victim exceeding $10,000.
- For a more detailed explanation of aggravated felonies, see the ILRC Practice Advisory on Aggravated Felonies.

If you are looking to file for naturalization and have concerns about showing good moral character, and would like to set up a consultation, please schedule one today using the button at the top of our website or by giving us a call. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.