Good Moral Character and Naturalization - Part III: Bars Applicable Absent Extenuating Circumstances

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 part three of this series, we'll cover the bars to good moral character that apply absent a showing of "extenuating circumstances." This means that if you have engaged in any of these acts or committed certain offenses, you will be found to lack good moral character, unless you can show that there are extenuating circumstances. These circumstances must precede or be contemporaneous with the commission of the offense. Most notably, any positive equities that arise after the commission of the offense will not be viewed as extenuating circumstances by the Department of Homeland Security. Below is a breakdown of the specific acts or offenses that USCIS considers to be bars to showing good moral character. Similar to the conditional bars discussed in part two of this series, these can be overcome, however, in order to do so, the applicant must show extenuating circumstances.

Willful Failure to Support Dependents

Whether you've been ordered by a court to pay child support and failed to pay or you've just neglected your parental obligations to support your minor children, these acts will constitute a bar to showing good moral character. The important factor here is that the failure to support must be willful. Some questions to ask that may support a showing of extenuating circumstances include: Were you making payment until your situation changed? (i.e., lost your job, suffered medical emergency, unforeseen large expense, etc.); Did you mistakenly believe that you were no longer obligated to pay, due to a misunderstanding of your case paperwork or bad advice from your lawyer?; Were you making payments but they were less than the obligation because there was a miscalculation somewhere?

Extramarital Affair That Tended to Destroy a Marriage

If you engaged in an extramarital affair that resulted in the end of your marriage, this will constitute a bar to showing good moral character. In terms of extenuating circumstances, USCIS considers the following: if you and your spouse were separated and unable to obtain a divorce, or if you believed you were legally divorced, but subsequently learned that the divorce was invalid, you may be able to overcome this bar.

Unlawful Acts

Under this section, unlawful acts are considered to be any acts or offenses that violate a criminal or civil law of the jurisdiction where it was committed. These would be offenses other than those mentioned in Part I: Absolute Bars and Part II: Conditional Bars. Furthermore, a criminal charge or conviction is not necessary for these offenses. While these are all quite self-explanatory, it helps to break them down further and discuss the extenuating circumstances that may help avoid the bar to showing good moral character.

Unlawful Voting and False Claim to U.S. Citizenship
- Unlawful voting and false claims to U.S. citizenship are both federal crimes. Engaging in these acts is certainly a bar to showing good moral character; however, USCIS has determined a set of extenuating circumstances that would allow you to overcome that bar: (1) each natural parent of the noncitizen (or, in the case of an adopted noncitizen, each adoptive parent of the noncitizen) is or was a citizen (whether by birth or naturalization); (2) the noncitizen permanently resided in the United States before attaining the age of 16; and (3) the noncitizen reasonably believed at the time of such statement, claim, or violation that he or she was a citizen.

Failure to Pay Taxes
- Failure to pay taxes does not just expose you to a negative good moral character determination, but you also could face criminal prosecution. However, there are some questions that may reveal a good faith reason for not paying taxes. For example, if you've consistently earned under the income requirements for filing taxes, then this would suggest that you did not fail to file, you were simply not required to do so. Also, if you were required to pay taxes but didn't realize it, you may be able to rectify your situation by speaking with an accountant and filing back taxes and setting up a payment plan with the IRS. When it comes to taxes, if you outright avoided paying your taxes on purpose, you will not be able to show good moral character.

Selective Service
- All males between the ages of 18 and 26, except those in lawful nonimmigrant status, are required to register for Selective Service. Purposeful or willful failure to register between those ages will lead to finding a lack of good moral character, but you must be given an opportunity to register. Applicants between 26 and 31, who knowingly and willfully failed to register cannot show good moral character; however if you can show it wasn't knowing and willful, you may be able to overcome this bar. Finally, if you are over age 31 at the time of filing, generally, you will not be considered to lack good moral character.

Traffic Citations
- When it comes to traffic citations, generally, having one or two tickets on your record will not be a cause for concern; however, depending on whether the tickets resulted in an arrest or charge, could certainly play a larger role in the good moral character determination. If you have a considerable amount of tickets, this could lead to showing a lack of good moral character. It's best to review your tickets with an attorney to determine whether they will become an issue in your naturalization application.

Domestic Disputes
- If you have any contact with the criminal justice system or family court related to domestic disputes, it's crucial whether there are any arrests, convictions, or protective orders. Domestic violence can result in convictions considered to be CIMTs and/or aggravated felonies, which not only bar you from showing good moral character, but also count as deportable offenses. Even if you were arrested, but never charged, it must still be disclosed.

Pending Cases
- Finally, with respect to any pending cases, no matter the severity of the offense, whether it be for disorderly conduct or simple DUI, it is best to wait until your case is resolved before applying for naturalization as your case cannot be decided unless the pending case is resolved. If an offense is committed after you've filed, it would be best to show that even if you are convicted that the offense would not result in a bar to good moral character, for example, disorderly conduct.

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.