25
A Guide to Naturalization
Good Moral Character
To be eligible for naturalization you must
be a person of good moral character. USCIS
will make a determination on your moral
character based upon the laws Congress has
passed. In the following section, we describe
some of the things USCIS may consider.
Criminal Record.
Committing certain
crimes may cause you to be ineligible for
naturalization (USCIS calls these “bars” to
naturalization). You cannot establish that
you are a person of good moral character if
you have been convicted of murder, at any
time, or of any other aggravated felony, if
you were convicted on or after November
29, 1990.
Other offenses may be temporary bars to
naturalization. Temporary bars prevent an
applicant from qualifying for citizenship
for a certain period of time after the
offense.
The “Application for Naturalization” (Form
N-400) asks several questions about crimes.
You should report all offenses that you have
committed including any that have been
expunged (removed from your record) and
any that happened before your 18th
birthday. If you do not tell USCIS about
these offenses and we find out about them,
you may be denied naturalization (even
if the original offense was not a crime for
which your case would have been denied).
If you have been arrested or convicted of a
crime, you must send a certified copy of the
arrest report, court disposition, sentencing,
and any other relevant documents, including
any countervailing evidence concerning
the circumstances of your arrest and/or
conviction that you would like USCIS to
consider. Note that unless a traffic incident
was alcohol or drug related, you do not need
to submit documentation for traffic fines and
incidents that did not involve an actual arrest
if the only penalty was a fine of less than
$500 and/or points on your driver’s license.
Please note that if you have committed
certain serious crimes, USCIS may decide
to remove you from the United States.
If you have questions, you may want to
seek advice from an immigrant assistance
organization or an immigration attorney
before applying.
Lying.
If you do not tell the truth during
your interview, USCIS will deny your
application for lacking good moral character.
If USCIS grants you naturalization and you
are later found to have lied during your
interview, your citizenship may be taken
away.
Examples of Things That Might
Demonstrate a Lack of Good Moral Character
•
Any crime against a person with intent to harm.
• Any crime against property or the Government that involves “fraud” or
evil intent.
• Two or more crimes for which the aggregate sentence was 5 years or
more.
• Violating any controlled substance law of the United States, any State,
or any foreign country.
• Habitual drunkenness.
• Illegal gambling.
• Prostitution.
• Polygamy (marriage to more than one person at the same time).
• Lying to gain immigration benefits.
• Failing to pay court-ordered child support or alimony payments.
• Confinement in jail, prison, or similar institution for which the total
confinement was 180 days or more during the past 5 years (or 3 years if
you are applying based on your marriage to a United States citizen).
• Failing to complete any probation, parole, or suspended sentence before
you apply for naturalization.
• Terrorist acts.
• Persecution of anyone because of race, religion, national origin, political
opinion, or social group.