One of the requirements for naturalization as a U.S. citizen is good moral character. Once you file Form N-400, Application for Naturalization, USCIS will conduct a thorough review of your background and immigration history. An applicant for naturalization must show that he or she has been, and continues to be, a person of good moral character.
Generally, you must show good moral character during the five-year period immediately preceding your application for naturalization and up to the time of the Oath of Allegiance. This statutory period is reduced to three years if applying on the basis of marriage to a U.S. citizen. But certain conduct prior to the five-year period may affect the good moral character requirement as well.
Certain crimes can be permanent obstacles to naturalizing as a U.S. citizen. In very broad terms, they include:
Aggravated felonies are generally serious crimes. But immigration law has a slightly different definition of aggravated felonies. Therefore, it’s always best to speak to an immigration lawyer before making assumptions.
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Immigration law also has established bars to good moral character that are conditional (not permanent). These bars are triggered by specific acts, offenses, activities, circumstances, or convictions within the statutory period for naturalization, including the period prior to filing and up to the time of the Oath of Allegiance.
Conditional bars can prevent an applicant from meeting the N-400 good moral character requirement. According to the USCIS policy manual, conditional bars include:
Again, speak to an immigration attorney if any of the referenced categories may affect you. Minor offenses can sometimes be more serious in an immigration context. Conversely, other offenses may be resolved fairly easily with the help of an immigration attorney.
Not only crimes affect the good moral character requirement. Other factors can result in an N-400 denial. For example, a parent who fails to pay court-ordered child support is not demonstrating good moral character. Likewise, failing to pay taxes is a negative factor. Another common reason for men failing to meet this requirement is the Selective Service requirement. Most men between the ages of 18 and 26 are expected to register for the Selective Service and provide proof for the purposes of naturalizing as a U.S. citizen.
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