Overview
U.S. citizenship applicants must demonstrate Good Moral Character (GMC) for the statutory period—generally the five years immediately preceding the naturalization application, or three years for applicants filing under the INA §319(a) marriage-based provision. However, certain conduct outside the statutory period may also be considered if it reflects on the applicant’s present character.
While criminal offenses often draw the most attention, non-criminal conduct can also bar a finding of GMC or lead to a discretionary denial of naturalization. This bulletin summarizes key non-crime issues.
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Statutory & Regulatory Basis
• INA §101(f) – Lists conduct that precludes a finding of GMC.
• 8 CFR §316.10 – Provides additional discretionary factors the government may weigh.
• USCIS Policy Manual, Vol. 12, Pt. F – Governs adjudicator discretion and interpretation.
Key Non-Crime Good Moral Character Issues
1. Alien Smuggling (Assisting Unauthorized Entry)
Even without prosecution or conviction, knowingly helping another person—often a family member—enter the United States unlawfully may:
• Trigger a GMC bar for the statutory period, and
• Create additional inadmissibility risks for applicants seeking adjustment or other benefits.
Humanitarian exceptions exist but are limited.
2. False Claims to U.S. Citizenship
A false claim made to obtain any benefit under state or federal law, including employment, can be extremely damaging.
• It may lead to permanent inadmissibility with no waiver in most circumstances.
• USCIS may deny naturalization even if the conduct occurred before the GMC period, because it reflects on moral character and may show lack of lawful admission.
3. Unlawful Voting
Voting in a federal, state, or local election if not a U.S. citizen—even unintentionally—can:
• Constitute a permanent bar if it reflects a false claim to citizenship, or
• Serve as discretionary grounds to deny naturalization during the GMC period.
Evidence of confusion arising from mistaken voter registration at DMV may mitigate but does not guarantee approval.
4. False Testimony Under Oath
False statements made with the subjective intent of obtaining an immigration benefit, even if immaterial, are a statutory GMC bar.
• Examples: misrepresenting marital status, employment, tax compliance, or prior immigration violations during interviews or sworn statements.
• Does not require a finding of fraud—only intent to obtain a benefit.
5. Failure to Support Dependents
Non-criminal failure to pay court-ordered child support can result in a GMC denial. USCIS may consider:
• Payment history
• Evidence of arrears
• Ability and willingness to pay
• Good-faith efforts to maintain support obligations
6. Tax Noncompliance
Failure to file federal or state tax returns or to pay assessed taxes is a major discretionary factor.
USCIS looks for:
• Filed returns for all years when required
• Proof of payment plans or compliance agreements
• Evidence of repayment efforts
Even if the failure occurred before the GMC period, it may still be weighed negatively.
7. Misrepresentation and Fraud (Non-Criminal)
Fraud that has not resulted in a criminal conviction—such as using false documents, identity inconsistencies, or prior misrepresentations—can:
• Undermine credibility at the naturalization interview
• Lead to a finding of lack of GMC
• Potentially trigger removal proceedings if tied to earlier unlawful admissions or fraud
8. Selective Service Registration Issues
Male applicants who were required to register between ages 18–26 and failed to do so may face a GMC denial.
USCIS considerations include:
• Age (denials usually occur only until age 31)
• Applicant’s knowledge and intent
• Evidence of good-faith attempts or misunderstanding
9. Habitual Drunkenness / Substance Abuse (Non-Criminal)
Even without DUI convictions:
• Multiple alcohol-related incidents
• Rehab admissions
• Documented habitual intoxication
may support a discretionary GMC denial.
Discretionary Factors & Best Practices
USCIS may consider conduct outside the statutory period if it reflects current character. Positive equities that may mitigate adverse factors include:
• Long-term lawful presence
• Stable employment and tax compliance
• Community service
• Rehabilitation or treatment efforts
• Strong family ties
Applicants should gather supporting documentation and work closely with counsel to prepare for credibility-sensitive interviews, and evaluate the risk of N-400 referral to Removal.
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Conclusion
Non-crime conduct is a significant, often overlooked component of naturalization adjudications. Practitioners must carefully screen clients for any behavior that could impact USCIS’s assessment of good moral character, prepare mitigation strategies, and fully inform applicants of potential risks.
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