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USCIS Announces New Good Moral Character Policy in Naturalization Cases

According to a  USCIS memo  released August 15, U.S. naturalization officers will place new emphasis on applicants’ “positive attributes and contributions,”  in determining good moral character (GMC).  The memo gives examples including

  • Sustained community involvement and contributions in the United States.
  • Family caregiving, responsibility, and ties in the United States.
  • Educational attainment.
  • Stable and lawful employment history and achievements.
  • Length of lawful residence in the United States.
  • Compliance with tax obligations and financial responsibility in the United States.

However, it is unclear what implementation of the new approach will mean.  The language in the memo indicates  it may apply only to those with conditional bars, who must already provide evidence of their rehabilitation and reform in order to have an approvable case.  Even if the government intends to implement the policy more widely, existing rules already require the applicant to have abided by tax law and court orders; and the required length of lawful residence is statutorily defined.        

The remaining scenario might allow officers to question applicants about their community, family, and employment situations even if the record is complete and the case is approvable.  Consonant with this direction, the memo mentions USCIS officers’ new power to “review the complete history of [those] seeking naturalization,  where no regulatory or statutory bars exist[.]”

It is uncertain how the new policy will play out in practice.  Residents intending to apply for citizenship can keep abreast of developments by working with a qualified immigration attorney to prepare their cases.  

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