New USCIS Policy Memo on “Good Moral Character” & Naturalization

Pursuant to INA § 316(a), 8 USC § 1427(a), an applicant for naturalization must establish that they have been and still are “a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.”

“Good moral character,” in turn, is defined by statute at INA § 101(f), 8 USC 1101(f). It’s defined in the negative — indicating eight circumstances when a person will be determined not to have good moral character. It also includes a catch-all provision that “The fact that any person is not within any of the foregoing classes shall not preclude a finding that for other reasons such person is or was not of good moral character.”

Enter USCIS.

On Friday, USCIS released a new 4-page policy memo discussing “good moral character” in the context of naturalization. The memo reads:

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.

Citing the catch-all provision of INA § 101(f), 8 USC 1101(f), the memo states that “officers have authority—and now explicit directive—to weigh all relevant evidence, both adverse and favorable, before granting or denying naturalization.”

It continues: “GMC findings must go beyond the absence of disqualifying acts, it must reflect a genuine positive assessment of who the alien is and how they have lived in their community.” That is, “USCIS officers must account for an alien’s positive attributes and not simply the absence of misconduct.”

The memo offers the following, non exhaustive, list of “positive factors” to consider:

• 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.

The memo also emphasizes: “Greater Scrutiny of Disqualifying Behavior and Action” as well as “greater attention on ensuring that aliens who have engaged in wrongdoing are properly rehabilitated and reformed.”

The memo closes:

“This approach will empower USCIS officers to review the complete history of aliens seeking naturalization, where no regulatory or statutory bars exist, and require such aliens to present their full story, demonstrating how their life aligns with a pattern of behavior that is consistent with the current ethical standards and expectations of the community in which they reside.”

-KitJ