Immigration Law
When applying for U.S. citizenship through naturalization, one of the most important requirements is proving good moral character (GMC). Recently, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0188, which establishes a new evaluation standard for naturalization applicants. This memorandum directs officers to consider not only whether an applicant has avoided disqualifying conduct but also whether the applicant has demonstrated positive contributions to their family, community, and society at large.
This change signals a return to a “totality of the circumstances” approach, reflecting Congress’s original intent under the Immigration and Nationality Act (INA) § 101(f) and relevant case law.
To become a U.S. citizen, applicants must show they “have been and continue to be a person of good moral character” during the statutory period (generally the past five years, or three years for certain applicants married to U.S. citizens).
Previously, USCIS officers often focused heavily on whether an applicant had committed certain statutory bars, such as aggravated felonies, unlawful voting, or controlled substance violations. While these bars remain in effect, the new memorandum clarifies that the evaluation goes beyond a checklist of disqualifying acts. Instead, it requires officers to assess the full character of the applicant—both positive and negative evidence.
Under the updated USCIS guidance, officers must weigh positive attributes when reviewing applications. Examples include:
• Community involvement such as volunteer work, civic engagement, or charitable contributions.
• Family responsibilities, including caregiving and support of dependents.
• Educational achievements and commitment to self-improvement.
• Lawful employment history and professional accomplishments.
• Compliance with taxes and financial obligations.
• Length of lawful residence and integration into U.S. society.
These factors, when documented, can affirmatively strengthen an applicant’s case.
Despite the new holistic approach, USCIS will continue to closely scrutinize disqualifying behavior. Certain permanent bars remain absolute, including:
• Murder.
• Aggravated felonies committed after November 29, 1990.
• Genocide, torture, persecution, or severe violations of religious freedom.
Additionally, conditional bars may prevent a finding of good moral character during the statutory period, including:
• Controlled substance violations.
• Two or more DUI convictions.
• Fraud, misrepresentation, or false claim to U.S. citizenship.
• Unlawful voting or voter registration.
Other conduct that undermines civic responsibility—such as repeated reckless driving or harassment—may also weigh against an applicant, even if not expressly listed in the statute.
The memorandum also emphasizes rehabilitation and reformation. Applicants who have engaged in past misconduct may still establish GMC if they demonstrate genuine reform. Evidence may include:
• Proof of compliance with probation or court orders.
• Repayment of overdue taxes or benefits.
• Documentation of reformed behavior, such as mentoring others or community service.
• Character references from community members.
This means applicants should provide affirmative evidence of growth and reform to show that their lives align with the standards expected of U.S. citizens.
The new policy restores discretion to USCIS officers, allowing them to look at applicants as whole individuals rather than reducing the evaluation to a checklist of disqualifications. While certain statutory bars remain absolute, many applicants will benefit from the ability to present their full life story, including positive contributions and evidence of reform.
This change may especially help individuals who have minor past issues but who can demonstrate long-standing community ties, family responsibilities, and civic engagement.
Because good moral character determinations are highly fact-specific, applicants should carefully prepare documentation that highlights both their compliance with the law and their positive contributions.
If you are applying for naturalization, an experienced immigration attorney can:
• Review your record for any potential statutory or conditional bars.
• Identify and document positive factors to strengthen your case.
• Prepare evidence of rehabilitation, if relevant.
• Advocate on your behalf during the naturalization process.
The USCIS policy memorandum on good moral character represents a significant shift toward fairness and balance in naturalization decisions. By requiring officers to consider both positive attributes and past conduct, USCIS ensures that applicants are judged on the totality of their circumstances.
If you are seeking U.S. citizenship, preparing a strong case for good moral character is essential.
Contact SG Legal Group today to discuss your naturalization application. Our team of experienced immigration attorneys will guide you through the process and help you present the strongest possible case. Call us at 410-344-7100 or visit our contact page to schedule a consultation.
Oleg Gherasimov, Esq.
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