U.S. Citizenship and Immigration Services (USCIS) announced last week that it is restoring a "rigorous, holistic, and comprehensive" good moral character (GMC) evaluation standard in naturalization adjudications. The memo establishes a "totality of the circumstances" approach to evaluating GMC, specifying that "USCIS officers must account for ... positive attributes and not simply the absence of misconduct." This suggests applicants may be required to offer actual evidence of GMC to meet their burdens, even in the absence of negative factors. The memo specifies some examples of positive factors, including:
- Sustained community involvement and contributions in the United States.
- Family caregiving, responsibility, and ties in the United States.
- Educational attainment.
- Stable and lawful employment history and achievements.
- Length of lawful residence in the United States.
- Compliance with tax obligations and financial responsibility in the United States.
The memo further directs officers to apply higher scrutiny to "disqualifying behavior and action," as well as evidence of rehabilitation and reformation. In addition to the permanent and conditional bars to GMC, disqualifying factors include "any other acts that are contrary to the average behavior of citizens in the jurisdiction where [applicants] reside. These could be actions that, while technically lawful, may be inconsistent with civic responsibility within the community, such as reckless or habitual traffic infractions, or harassment or aggressive solicitation ... USCIS will review all available documentation and question [applicants] seeking naturalization regarding the specific circumstances of their actions to determine if a particular situation or act should bar an [applicant] from naturalization."
Here at Christensen Immigration Attorneys, we plan on preparing our applicants for a detailed interview around any negative GMC factors and will try to include strong evidence of any rehabilitation and reformation. Examples of what USCIS is looking for are listed in the memo, and below:
- Rectifying overdue child support payments or other family obligations.
- Compliance with probation or other conditions imposed by a court.
- Community testimony from credible sources attesting to [applicant's] ongoing GMC.
- Reformation or mentoring those with similar past.
- Full repayment of overpayment of benefits such as Supplemental Security Income (SSI).
- Full payment of overdue taxes
Now more than ever it is a good idea to naturalize. With these new regulations, it is also a VERY good idea to get an attorney to help you with it. Give us a call at 972-418-0003 and schedule an initial consultation to see if naturalizing is a good idea for you.