Waiting for US citizenship? Immigration authorities to now scrutinize applicants' good moral character

In an effort to tighten access to U.S. immigration benefits, the U.S. Citizenship and Immigration Services (USCIS) has announced a major policy shift, restoring a stricter and more comprehensive assessment of the ‘good moral character’ (GMC) requirement for foreign nationals seeking American citizenship.

"Among other eligibility factors, aliens applying for naturalization must demonstrate that he or she has been and continues to be an individual of good moral character (GMC). Evaluating GMC involves more than a cursory mechanical review focused on the absence of wrongdoing. It entails a holistic assessment of an alien’s behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character," the policy memorandum, issued on August 15, read.

The policy highlights that while certain offenses—such as murder, aggravated felonies, torture, or genocide—remain permanent and unconditional bars to naturalization, officials must now also assess evidence of rehabilitation and reformation in other cases.

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In fiscal 2024 (year ended Sept 30), 8.18 lakh foreign nationals acquired US citizenship. Mexicans led with as many as 1.07 lakh becoming American citizens (13% of the total), this was followed by Indians, with a little over 49,000 (or 6% of the total) acquiring US citizenship.

Positive attributes and contributions such as sustained community involvement and contributions in the US; family caregiving, responsibility, and ties in the US; educational attainments; stable and lawful employment history and achievements; length of lawful residence in the US, compliance with tax obligations and financial responsibility in the US will carry greater weight.

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What are key features of the policy?
As per the policy published by the USCIS, the officers must account for positive attributes and not simply the absence of misconduct.

"In evaluating whether or not an alien has met the requirement of establishing GMC, the officer must take a holistic approach in evaluating whether or not an alien seeking naturalization has affirmatively established that he or she has met their burden of establishing that they are worthy of assuming the rights and responsibilities of United States Citizenship," according to the document.

USCIS will place greater emphasis on the applicant's positive attributes and contributions in GMC determinations.

These positive factors include, but are not limited to:
• 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.

Any hope for applicants with past ‘wrongdoing’?
However, there is a glimmer of hope for applicants with a record of past ‘wrongdoing.’ Under the new guidelines, USCIS officials will consider concrete evidence of rehabilitation—such as repayment of taxes, adherence to court-ordered conditions, or testimonials from community members. Such proof may still support a determination of good moral character, despite a negative history, as long as no permanent bar is in place.