The statutory period, and what lies behind it
Good moral character must be shown for the period before filing — normally five years, or three where the application is based on marriage to a citizen. But the officer is not confined to that window: conduct before it can be considered where it bears on your character now.
So an old matter you assumed was closed is still relevant. It simply carries less weight than a recent one, and the difference is argued rather than assumed.
Permanent bars, and conditional bars
Some findings bar good moral character permanently — a conviction for murder, and a conviction for an aggravated felony on or after 29 November 1990. Others bar it only during the statutory period, and they are a longer list than most people expect.
- Crimes involving moral turpitude — subject to a narrow petty-offence exception.
- Controlled substance offences — with a limited exception for a single small marijuana possession.
- Confinement — 180 days or more in jail or prison during the period.
- Two or more convictions — with aggregate sentences of five years or more.
- False testimony — given under oath to obtain an immigration benefit.
- Habitual drunkenness, unlawful gambling, and prostitution offences — each named in the regulation.
- Failure to support dependants — including wilfully unpaid child support.
The things that are not crimes at all
A large share of the problems we see are not criminal. Unfiled or unpaid taxes. Child support arrears. Failure to register for Selective Service by a man who was required to. Claiming to be a United States citizen on a form or a job application — which is one of the most damaging things in immigration law and is often done in ignorance.
Several of these can be cured or mitigated before filing. All of them are better addressed on your timetable than at an interview.
How we review a record
We obtain the actual documents: certified dispositions rather than memories, tax transcripts rather than assurances, and the full immigration file where it matters. Then we tell you plainly whether to file now, to wait, or to fix something first.
Waiting a year is sometimes the best advice available, and it is advice that nobody gives you after a denial.
Questions we are asked about this
I have one old DUI. Can I naturalise?
Often, yes — a single DUI is not usually a permanent bar. But multiple offences, anything within the statutory period, or a pattern that suggests habitual drunkenness are treated seriously, and the timing of the application matters.
My case was expunged. Do I still have to disclose it?
Yes. Immigration law has its own definition of a conviction, and state expungement generally does not erase it for these purposes. Non-disclosure is treated as concealment, which is worse than the original matter almost every time.
Can good moral character be shown positively?
Yes, and it should be. Employment history, tax compliance, community and church involvement, military service and family support all count in the discretionary weighing.