Good Moral Character and Naturalization - Part IV: The Catch-all Provision

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 the final part of this series, the focus will be on the "catch-all" provision of INA § 101(f). In all of the previous posts in this series, we've covered the acts, offenses and conduct that will act as a bar to showing good moral character, which in turn prevents anyone from naturalizing, as this is a key component to the process. There are absolute bars that cannot be overcome and conditional bars that can upon a showing of certain circumstances. What the catch-all provision essentially does, is it creates room for the USCIS officer's own discretion to ultimately rule on good moral character determinations.

We've previously mentioned that most of the concern when it comes to good moral character is in the look back statutory periods (5 years or 3 years, depending on your situation) and offenses falling outside those time frames should not truly be an issue; however, this is where the catch-all provision thrives. The specific language in Section 101(f) states, "the fact that any person is not within any of the foregoing classes shall not preclude a finding that for other reasons such person is or was not of good moral character." Unfortunately, such broad language allows the USCIS officer reviewing your naturalization petition to make overly broad assessments and determinations that can often result in a denial of your application.

For example, let's say twenty years prior to filing your naturalization petition, you were convicted of an offense that is not listed under any of the absolute or conditional bars. You're well outside the statutory periods; however, under the catchall provision, the USCIS officer may be able to rely on that very old conviction to deny your application on good moral character grounds. USCIS officers are expected to consider the totality of the circumstances and engage in a balancing of factors in making a determination of good moral character. Accordingly, it is extremely important that when good moral character poses an issue that all relevant extenuating circumstances, evidence of reform and rehabilitation and any other important facts are presented properly to show that you are truly deserving of becoming a U.S. citizen.

If you are looking to file for naturalization and have concerns about showing good moral character, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to discuss these issues further and help you reach a resolution. 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.