Good moral character is required for naturalization, but what does USCIS actually evaluate? Understanding the standards helps you prepare for potential issues.
Key Takeaways
- Statutory bars preclude good moral character
- Discretionary factors are also considered
- The statutory period is typically 5 years
- Disclosure is critical—omissions are serious
Statutory Bars
Certain conduct creates an absolute bar to finding good moral character:
- Murder
- Aggravated felonies
- Persecution of others
- Controlled substance trafficking
- Certain other specified offenses
Discretionary Factors
USCIS also considers overall conduct, including arrests without conviction, DUI/DWI, failure to pay child support, and other behavior reflecting on character.
The Statutory Period vs. Discretionary Period
For naturalization, we look at the last 5 years (or 3 years). This is the Statutory Period. One DUI inside this period is a problem.
However, USCIS can deny you for "bad acts" outside this period if they show a pattern. A string of arrests from 10 years ago can still be used to say you generally lack Good Moral Character (GMC), although the "Balancing Test" usually favors the applicant if they have been clean for 5 years.
False Testimony Bar
The most dangerous bar to GMC is "False Testimony." If you lie under oath during your interview—even about something minor or embarrassing (like "Have you ever been married to someone else?")—you are permanently barred from showing GMC for the statutory period. The lie itself is worse than the act you are hiding.
Tax Returns are Mandatory
You cannot have Good Moral Character if you don't pay your taxes. At the interview, you must bring 5 years of IRS Tax Transcripts.
The Payment Plan Defense: If you owe the IRS money, you are not automatically barred. You simply need to be on an "approved payment plan" and show you are making the monthly payments. The bar only applies if you are evading the debt.
Don't Risk Your Legal Future—Get Professional Advice
Every case is unique. Don't rely on general online information. Schedule a consultation to discuss your specific situation with an experienced attorney.
We offer a free 15-minute consultation to review your case.
Get Your Free Consultation NowDoes a parking ticket affect GMC?
Generally no, unless you have hundreds of unpaid tickets indicating a disregard for the law. You must list them, but they rarely block citizenship.
Disclaimer: This article is for general information only and is not legal advice. Every case is fact-specific. For legal advice, consult a licensed attorney.