A permanent resident applies for U.S. citizenship by filing a naturalization application (N-400 Form).  When enacting citizenship guidelines, Congress designated criteria regarding a person’s eligibility for naturalization.  See 8 U.S.C. § 1427(a).  Section 1427(a) identifies good moral character as one factor an applicant must satisfy to obtain U.S. citizenship. 

What Is the Good Moral Character Factor in Naturalization Cases?

In 8 U.S.C § 1101(f), Congress did not clearly define good moral character.  However, Congress identified several acts to assist in gauging good moral character.  For example, according to section 1101(f), USCIS may not view an applicant as possessing good moral character if the applicant is a habitual drunkard.  Congress also identified other past acts as hindering the ability to prove good moral character.     

The Department of Homeland Security (“DHS”) implements regulations based upon laws enacted by Congress.  U.S. Citizenship and Immigration Services (“USCIS”) applies DHS regulations when reviewing naturalization applications.  A DHS regulation (8 C.F.R. § 316.10) provides guidance about good moral character in naturalization cases.  For example, a permanent resident cannot prove good moral character if the applicant’s history includes a murder or aggravated felony conviction.  See 8 C.F.R. § 316.10(b)(1).   USCIS considers murder, aggravated felonies, and other harmful acts as reasons permanently prohibiting a person from obtaining citizenship.       

5-Years Statutory Period

When considering good moral character, USCIS reviews conduct, which occurred during the 5 years before USCIS received the N-400 Form.  See INA § 316(a).  USCIS refers to this timeframe as the statutory period.  

Acts Which Occurred More than 5 Years Before Filing the N-400 Form

May USCIS consider acts, which occurred more than 5 years before filing the N-400 Form?  Yes. USCIS may review actions, which happened more than five years before filing the N-400 Form.  See 8 U.S.C. § 1427(e).  However, regulation places conditions upon considering acts committed earlier than the 5-years statutory period.  For example, USCIS may consider older conduct if these acts, committed during the statutory period, do not indicate reformed character.  Similarly, USCIS may consider older acts if the past conduct appears relevant to a person’s present moral character.  See 8 C.F.R. § 316.10(a)(2).