The USCIS will consider many things when it comes to naturalization cases. One of the biggest factors that can make or break your application is the USCIS good moral character review. And although this review usually only includes the past five years before your application, sometimes the USCIS will extend this. So, keep reading to find out when the USCIS will look at good moral character beyond the five-year review period and how this can impact your naturalization case.
What Is Good Moral Character?
Good moral character is a specific set of standards that are considered when you submit an N-400 application, otherwise known as a naturalization application. The USCIS uses these standards to determine whether or not you are an eligible applicant for U.S. citizenship.
Generally speaking, good moral character requirements help to establish that you will benefit the U.S. if your application is approved. It’s also worth mentioning that these standards have undergone some changes as of late. These changes put a greater emphasis on demonstrating positive factors, rather than demonstrating a lack of negative factors.
Here are some examples of good moral character:
- Compliance with tax obligations.
- Long-term community involvement and contributions.
- Educational achievements.
- Stable employment.
- Length of lawful residence within the US.
- Family caregiving responsibilities.
- Family ties to the United States.
Another change the USCIS has made to the standard for good moral character is the scope of potential disqualifying conduct that goes beyond the basic criminal bars. For example, the USCIS may be able to disqualify certain applicants based on:
- Behavior that doesn’t align with the average behavior of a U.S. citizen in the applicant’s community.
- Unlawful voting, drug offenses, or multiple DUI convictions.
- Conduct that is inconsistent with civic responsibility, such as harassment or repeat traffic violations.
These are all things that the USCIS will consider over the course of the five years before you submit your application.
When USCIS Looks Beyond the Statutory Period
Usually, the look-back period that the USCIS follows for determining good moral character is the past five years. For those married to U.S. citizens, this is often reduced to three years.
However, this is not a strict timeline that the USCIS always follows, as it may look beyond five years if there is questionable earlier conduct. Here are some examples of scenarios that could lead the USCIS to look further into your background:
- Prior criminal conduct: Older arrests, convictions, crimes that result in permanent bars to immigration, or patterns of unlawful behavior.
- Past immigration violations: Prior misrepresentations, past examples of immigration fraud, unauthorized employment history, immigration term violations.
- Long-term conduct patterns: Repeat examples of unlawful behavior, a lack of evidence of rehabilitation, a pattern of violating financial or legal obligations.
Keep in mind that it is at the discretion of the USCIS to determine what cases to examine more closely. Because of this, not every case will be treated the same. For example, even if you have a prior criminal history, this doesn’t necessarily guarantee that the USCIS will look beyond five years.
That being said, it is a good idea to get representation from an immigration attorney if you are worried about the USCIS’s review of past conduct. An attorney can assist you with the entire naturalization process, as well as help you navigate any issues that may come up along the way.
Permanent Bars to Good Moral Character
Naturalization applicants should also be aware of the permanent bars to good moral character that could automatically eliminate their naturalization eligibility. These bars usually include the most serious of offenses, such as:
- Murder
- Aggravated felonies
- Torture
- Genocide
- Persecution
- Severe violations of religious freedom
The USCIS also has conditional bars that could increase your risk being barred, but it isn’t a guarantee. Conditional bars can include things such as:
- Certain controlled substance violations
- Multiple DUI convictions
- Fraud or willful misrepresentation
- Unlawful voting or voter registration
- False claims to U.S. citizenship
How to Address Past Issues When Applying For Naturalization
You may be concerned about whether or not you will qualify for naturalization or be able to pass the criteria for good moral character. And the reality is that many applicants will have something in their past that could look bad to the USCIS. But there are several things you can do to address any past issues when you apply.
Firstly, you need to be completely transparent and include anything from your past that could potentially violate the good moral character requirement. Full disclosure allows you to explain the situation, outlining how you have been rehabilitated. Being honest will also help to improve your credibility with a USCIS.
Especially for past criminal behavior, it’s a good idea to include further evidence of rehabilitation. This can include things like certified court records, evidence of community involvement, and statements from friends and family.
Hire an Immigration Attorney Today
Are you worried that the USCIS will look at good moral character beyond five years when evaluating your naturalization application? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Can the USCIS review criminal issues that occurred more than five years ago?
Yes, it is possible for the USCIS to evaluate conduct that goes beyond the five-year look-back review period if there are any red flags that could impact the applicant’s good moral character eligibility.
Will an old misdemeanor automatically prevent citizenship?
No. The USCIS will evaluate the entire situation to determine whether or not it bars your naturalization eligibility. It will consider things such as the nature of the offense, when it occurred, if it was a singular occurrence or part of a pattern, and if there is evidence of rehabilitation.
Should I disclose older incidents that fall outside the review period?
It is strongly recommended that you disclose any prior conduct that could create issues with your naturalization case, even if it falls outside of the five-year review period. Failing to disclose this information can lead to problems with your application regarding your credibility and honesty.
