Good Moral Character is Needed for Naturalization Text Size:

According to the US Citizenship and Immigration Services (USCIS), which is part of the Department of Homeland Security (DHS) and, nearly 1.5 million foreign nationals applied for naturalization in 2007. That was a dramatic increase from the .5 million who applied in 2006.

An immigrant or foreign national can become a US citizen through the naturalization process. Generally, if you meet several requirements, you are granted citizenship. One of the requirements is that you have good moral character. There's no clear-cut definition of "good moral character," but there are some ways you can show that you have it. And you should know that there are times when there's no way you can show that you have good moral character for naturalization purposes.

What's "Good Moral Character?"

There's no easy definition of "good moral character." US courts have defined it to mean character that measures up to the standards of average citizens of the community where you live. In other words, your present and past actions and behavior are in line with that of your neighbors; you're generally a law-abiding, productive member of your community.

As a practical matter, it's better to explain what good moral character is by giving you examples of what's not good moral character. That's generally the approach taken by the US immigration laws, as well as the USCIS when it consider an immigrant's application for naturalization.

When you file an application for naturalization, the USCIS has the authority to ask about or investigate your activities during your entire life. The USCIS will definitely look at your behavior and conduct during the five-year period immediately before you file your application. If you're married to a US citizen at the time of your application, the good moral character review period is three years. For naturalization purposes, it may be determined that you don't have the required good moral character if, at the time of your application or during the last five years (or three years), you:

• Were convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana
• Were imprisoned on a conviction and the prison term was 180 days or more
• Have convictions for two or more gambling offenses
• Were involved in prostitution
• Smuggled illegal aliens into the US
• Are or ever have been a habitual drunkard
• Are a male and you haven't registered with the US Selective Service Program when you were between the ages of 18 and 25

These are only some of the things that might show a lack of good moral character. You should check the immigration laws for other items the USCIS will look at.

Also, an immigrant absolutely can't establish good moral character and become a naturalized citizen if he's been convicted of:

• An aggravated felony after November 29, 1990. Aggravated felonies include crimes like drug trafficking and armed bank robbery, as well as many less serious crimes such as bribery, and counterfeiting or mutilating a passport
• Murder, regardless of when it happened

Proving Good Moral Character

If you have a "clean record" with no criminal convictions and are generally a law-abiding member of your neighborhood, showing that you have good moral character shouldn't be hard. The lack of a criminal record itself tends to show that you have good moral character. To help things, though, you may want to get letters from people like your neighbors, church pastor (or other religious leader), and employer vouching for your good character. Also, showing the USCIS copies of your tax returns will help show good character.

Honesty is very important. You need to tell the truth when answering questions on the application or when asked by USCIS personnel, especially about past problems with law enforcement. Don't make the mistake of thinking that a simple traffic ticket or a 20-year-old gambling conviction won't make a difference on your application. In the eyes of the USCIS, your intentional failure to tell it about such things is a clear indication that you don't have good moral character. This is so even if the withheld facts wouldn't have caused denial of your application.

For example, getting a speeding ticket isn't one of the grounds that show a lack of good moral character. However, if you don't tell USCIS about that ticket, it may lead to the denial of your application because your attempt to hide the truth, or your failure to be completely honest, shows a lack of good character.

Questions for Your Attorney

• I listed my prior theft conviction on my application for naturalization, and now the USCIS wants me to get a copy of my criminal record. My record's been sealed by the court. How can I get a copy?
• I was convicted 10 years ago of drug possession, but the conviction has been expunged from my record. Do I need to list that old conviction on my naturalization application?
• My application for naturalization was denied because I didn't tell the USCIS about how I was arrested two years ago when the police thought I was involved in car theft. It was a mistake, and I was let go after they caught the real thief. Can I appeal the denial of my application? Do I need a lawyer for the appeal? How much will it cost?

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