Good Moral Character and Naturalization - Part II: Conditional 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 part two of this series, we'll cover the conditional bars to showing good moral character in the context of naturalizations. When comparing the conditional bars to the absolute bars addressed in part one, the major distinction is that although offenses that fall under the conditional bars category can effectively prevent you from showing GMC during the statutory period, they are not permanent in nature. This means that it's possible to have a conviction or offense on your record that might prevent a showing of GMC at the time you file, but if you wait until the date of the conviction falls outside the relevant statutory period, there is still a possibility that you can show GMC and naturalize. It is important to note that time alone cannot cure this issue. USCIS officers reviewing your case can still take these offenses or convictions into consideration and deny your application on a discretionary basis.

Another very important point is that the convictions and offenses that fall under the conditional bars also potentially carry larger consequences such as deportation. If your conviction or offense qualifies as a ground of deportability, you are at risk of being placed into removal proceedings when filing for naturalization or even when filing to renew your greencard.

CONDITIONAL BARS TO SHOWING GOOD MORAL CHARACTER

According to USCIS, conditional bars are triggered by specific acts, offenses, activities, circumstances, or convictions within the statutory period for naturalization, including the period prior to filing and up to the time of the Oath of Allegiance. You will notice below that for many of these acts you do not even need to be convicted when it comes to showing GMC. If you have any of the following on your record or you admitted to engaging in any of these acts, you are subject to the conditional bars to showing GMC:

A conviction or admission of one or more Crimes Involving Moral Turpitude ("CIMT") (other than purely political offenses), except for one petty offense (i.e., maximum penalty possible does not exceed one year and the person was sentenced to six months or less imprisonment);
Convicted of two or more offenses with an aggregate sentence imposed of five years or more;
Controlled substance violations, except for a single offense for simple possession of 30 grams or less of marijuana;
Admitting to committing any of the above;
Incarceration for an aggregate of 180 days due to a conviction;
Giving false testimony with the intent of obtaining an immigration benefit;
Engaging in prostitution, procuring or attempting to procure or to import prostitutes, receiving the proceeds of prostitution or engaging in any other type of commercialized vice;
Knowingly encouraging, inducing, assisting, abetting, or aiding any other alien to enter or try to enter the United States in violation of law;
Practicing polygamy;
A conviction of two or more gambling offenses; and
A showing that you are a habitual drunkard (can be deduced from divorce decrees, employment records, arrest records);

While the above list covers some of the most common bases for denying a naturalization application on GMC grounds, they are not exclusive and there is a litany of other offenses that could very well justify a denial. Since naturalization and other applications have a discretionary element, you can otherwise qualify and yet still be denied on a discretionary basis as determined by the USCIS officer reviewing your case.

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.