USCIS Updates Policies Assessing Good Moral Character
On August 15th, the Trump Administration issued a policy memorandum that changes how USCIS officers interpret the Good Moral Character requirement for naturalization applications. Under this new policy, USCIS officers are instructed to assess the presence of positive attributes consistent with US values and principles, not just the absence of disqualifying behavior. This totality of circumstances approach will consider all evidence provided to support applicants Good Moral Character. USCIS will now consider the following factors:
Sustained community involvement and contributions
Family caregiving responsibilities and ties to the United States
Educational achievements
Stable employment history and professional accomplishments
Length of lawful residence in the United States
Compliance with tax obligations and financial responsibility
While greater emphasis will be placed on the significance of foreign national’s positive attributes, USCIS will also broaden and increase scrutiny towards disqualifying factors. In the past, USCIS focused on permanent bars such as murder, aggravated felony, and crimes of violence. Disqualifying factors will include the following:
Conditional bars such as multiple DUI convictions, unlawful voting, or drug offenses
Actions that, while technically legal, may be “inconsistent with civic responsibility,” such as repeated traffic violations, harassment, or aggressive solicitation
Behavior that doesn’t align with the “average behavior” of citizens in the applicant’s community
Additionally, applicants with prior issues must demonstrate efforts toward genuine rehabilitation such as:
Compliance with probation or court-ordered conditions
Payment of overdue taxes or child support
Community testimony from credible sources
Evidence of mentoring others with similar past challenges
On August 22nd, USCIS has reinstated conducting neighborhood checks on case-to-case basis. The decision to conduct these checks is left to the discretion of the officer and anticipated generally where there are gaps or concerns in an application.
USCIS has not provided specific criteria for when these checks will be triggered, raising concerns that two similar cases could receive different levels of scrutiny. This added discretion, combined with limited USCIS staffing, may cause processing delays for some applicants. Employers should also be aware that they might be contacted by USCIS to confirm basic employment information or comment on the applicant’s character.
To learn more information, please review the policy memorandums issued by USCIS:
If you have any questions about how this policy change may affect your application, please feel free to contact the Law Office of Adrienne J. Vaughan LLC by email at contact@ajvimmigrationlaw.com or by phone at (617) 840-8515.