Immigration Law
At its core, the naturalization process is about deciding who is fit to become a U.S. citizen. The concept of good moral character plays a crucial role in determining this fitness. But why does the U.S. government care about moral character in the first place?
Good moral character is more than a checklist item in the naturalization process. It is about ensuring that those who join the fabric of American society as citizens uphold the values that contribute to a safe and responsible community. It’s about trust, responsibility, and integrity—qualities that help ensure the social contract between citizens and the state remains strong. This is why individuals with multiple convictions for certain offenses, such as DUIs, are often presumed to lack good moral character, as they are seen as potentially posing a risk to the community.
In October 2019, the Attorney General set an important precedent in Matter of Castillo-Perez (PDF version). Why does this case matter? Because it addressed a critical question about whether individuals with multiple DUI convictions during their statutory period can be seen as having good moral character. Castillo-Perez holds that two or more DUI convictions during the statutory period often lead to the conclusion that the applicant lacks the required character for naturalization.
Why is this decision important?
It clarifies the expectations for applicants seeking naturalization, offering guidelines on how DUI convictions impact the assessment of their moral standing.
The U.S. Citizenship and Immigration Services (USCIS) updated its policy in December 2019, addressing the effect of DUI convictions on a person’s ability to show good moral character. Here’s the crux: USCIS now considers DUI offenses as a conditional bar to proving good moral character.
Why is this significant?
DUI offenses are unique among other bars to good moral character because they are not explicitly listed in the Immigration and Nationality Act (INA). Instead, USCIS broadened the definition to include all forms of impaired driving, recognizing how they endanger public safety. This is why even offenses like “operating under the influence” can make it difficult for an applicant to prove good moral character.
Multiple DUI convictions trigger a rebuttable presumption—but why is it “rebuttable”? Because USCIS recognizes that each applicant’s circumstances are unique. If someone has multiple DUI convictions, they are presumed not to have good moral character. But why is it rebuttable? Because applicants are allowed to provide evidence that these convictions were an aberration, or that they have been rehabilitated since.
The burden of proof lies with the applicant to show that despite their DUI offenses, they are indeed of good moral character. However, it’s important to note that evidence of rehabilitation alone may not be enough. The applicant must demonstrate that they had good moral character at the time the offenses occurred—which is a much harder standard to meet.
One of the other barriers that applicants face is the designation of being a “habitual drunkard.” Under the INA, being a habitual drunkard bars a person from proving good moral character. Why? Because chronic alcohol abuse, evidenced by multiple DUIs, could indicate a pattern of behavior that reflects poorly on an applicant’s reliability and judgment.
In Matter of Castillo-Perez, the Attorney General advised that DUI convictions during the statutory period could signal habitual drunkard behavior. This is why multiple arrests or convictions related to alcohol are treated so seriously by USCIS.
Ultimately, USCIS guidance emphasizes that good moral character is assessed holistically. Although DUIs during the statutory period will often lead to the presumption of a lack of good moral character, USCIS can also consider behavior outside the statutory period.
Why does this matter? Because even actions taken before the statutory period can influence USCIS’s final decision. An applicant with multiple convictions may still have a chance, but they must present substantial positive equities to offset their negative history. This is why consulting with an experienced immigration attorney is crucial—every detail matters in building a case for good moral character.
The naturalization process is not just about checking boxes—it’s about showing that you embody the values necessary to join the U.S. as a responsible citizen. This is why applicants with criminal histories, particularly those involving DUIs, must proceed carefully. Seeking advice from an immigration attorney can ensure that every avenue to overcome negative presumptions is explored, allowing you to build a strong case for your good moral character.
Oleg Gherasimov, Esq.
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