Good Moral Character (GMC) and U.S. Citizenship: What Green Card Holders Need to Know

Introduction

If you are a lawful permanent resident planning to apply for U.S. citizenship, you must demonstrate good moral character (GMC). Since 1790, demonstrating good character has been a requirement for non-U.S. citizens applying for naturalization.

In 1952, Congress laid out a list of specific conduct that preclude a person from demonstrating good moral character. The amendment also included a catch-all provision that non-U.S. citizens may still lack good moral character even if they do not fit into any of the enumerated classes.

Even if you were never convicted or your case was dismissed or expunged, USCIS may still consider your past conduct when reviewing your application. That’s why it is in your best interest to speak with an experienced immigration attorney before applying, especially if you have ever been arrested or charged with a crime.

Statutory Period for Good Moral Character

In general, you must show that you have had good moral character for the five years before filing and continue to maintain it until taking the Oath of Allegiance. For certain spouses of U.S. citizens, the lookback time is 3 years.

USCIS officers may also consider your conduct outside of the statutory period to assess your current moral character. When evaluating your application, USCIS looks at the totality of circumstances, including:

Family ties and background
Criminal history
Education
Employment
Community involvement
Length of time in the United States

The burden of proof is on you to show that you have good moral character during the statutory period.

Convictions and Arrests That May Affect Good Moral Character

Most criminal issues affecting good moral character involve either a conviction, an admission of certain conduct, or, in limited circumstances, an arrest that reveals adverse conduct. A conviction for immigration purposes means a formal judgment of guilt entered by the court, including:

Guilty verdict by the jury or the judge in a bench trial;
Guilty plea that results in confinement or probation;
Deferred adjudication, unless the court does not impose some form of punishment;
A conviction for a person who is under 18 years of age and who was charged as an adult;
A judgment of guilt by a court-martial for the U.S. armed forces (excluding disciplinary actions);
Foreign convictions in which the offense is considered a crime by United States standards.

Important:

A case dismissed does not automatically mean there is no conviction
Expunged criminal records do not remove the underlying conviction for immigration purposes
Keep copies of all court records, even if your criminal defense attorney says the case is resolved

Permanent and Conditional Bars to Good Moral Character

Some serious offenses and conduct can cause a permanent bar to establishing good moral character for naturalization, while others only create a conditional bar to good moral character. In some cases, you may be able to later establish good moral character and become eligible to naturalize.

DUI

For example, evidence of two or more driving under influence (DUI) convictions during the statutory period creates a rebuttable presumption that you lack good moral character. You may overcome the rebuttable presumption by “substantial relevant and credible contrary evidence” that you “had good moral character even during the period within which [you] committed the DUI offenses,” and that the “convictions were an aberration.” (Matter of Castillo-Perez, 27 I&N Dec. 664, 671 (A.G. 2019)).

Crimes Involving Moral Turpitude

A conviction or admission of one or more crimes involving moral turpitude (CIMTs), with limited exceptions such as a single petty offense, may create a conditional bar to establishing good moral character. The term "moral turpitude" generally refers to conduct that is "inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general." (Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016)).

Theft

One example would be theft. A theft offense is a crime involving moral turpitude if it involves an intent to deprive the owner of his property, either permanently or under circumstances where the owner's property rights are substantially eroded. (Matter of Diaz-Lizarraga, 26 I&N Dec. 847 (BIA 2016)). That’s why under Texas Penal Code § 31.03, theft is generally considered a crime involving moral turpitude and may be a conditional bar to showing good moral character.

Domestic Violence

Another example would be domestic violence, which is more nuanced. There is no single set of principles or elements that the courts apply to determine whether a particular offense involving family crimes constitutes a crime involving moral turpitude, and the determination is considered on a case-by-case basis. In some cases, the presence or absence of violence and criminal intent may be the determining factors. Offenses such as spousal or child abuse may rise to the level of a crime involving moral turpitude, while an offense involving a domestic simple assault generally does not. You are encouraged to consult an attorney with immigration and criminal background when you are involved with a potential family violence case in Texas.

Honesty and Disclosure Are Critical

USCIS requires full disclosure and truthful statements in your application and during interviews. False testimony may occur in areas such as:

Failure to disclose a criminal or other adverse record
Facts about lawful admission
Absences
Residence
Marital status or infidelity
Employment
Organizational membership
Tax filing information

Failure to disclose or providing inaccurate information can result in delays or denial, even if your past conduct would not otherwise prevent naturalization.

Applying without fully understanding how your history could affect your application may delay the process or even lead to a denial. At Shillig Law, our team can review your history and guide you on the safest timing and approach. With our help, you can confidently apply for Naturalization and hopefully be approved for U.S. Citizenship.