Green card holders applying for U.S. citizenship are required to demonstrate good moral character (GMC), a key eligibility criterion under U.S. immigration law.
Recent updates from U.S. Citizenship and Immigration Services (USCIS) have expanded the factors officials consider when evaluating applicants, emphasizing both past conduct and positive contributions to society.
Newsweek spoke to two immigration experts about what it means to have “good moral character.”
Why It Matters
On August 15, USCIS issued a memorandum directing officers to adopt a “totality of circumstances” approach in assessing GMC. Officials are instructed to review not only criminal history but also attributes such as community involvement, family responsibilities, educational achievements, employment history, length of lawful residence, and compliance with tax obligations.
A few days later, on August 19, USCIS updated its guidance to include the evaluation of whether applicants have endorsed, promoted, or supported views of terrorist organizations or groups promoting anti-American ideologies. The guidance does not define “anti-American” in detail, which may result in subjective interpretation in individual cases.
What To Know
“This is a game-changer because applicants are now subject to what appears to be a more discretionary test, and applicants lack guidance or certainty as to what constitutes the positive attributes and contributions,” Vincent W. Lau, managing partner at immigration firm Clark Lau, told Newsweek.
“Among other eligibility factors, aliens applying for naturalization must demonstrate that he or she has been and continues to be an individual of good moral character (GMC).” USCIS policy reads.
Immigration experts advised applicants to take a comprehensive and proactive approach to demonstrating GMC.
“In the past, the main focus has been on whether applicants had criminal records, particularly in the five years prior to filing a naturalization application. But USCIS is now expecting more of an affirmative case that an applicant has good character, versus simply having an absence of a negative history with law enforcement,” Greg Siskind, founding partner at Siskind Susser Immigration Firm, told Newsweek.
Siskind emphasized three areas of focus: reviewing immigration history for inconsistencies or errors, explaining non-criminal issues such as unpaid child support or prior tax problems with evidence of resolution, and highlighting positive contributions to family and community through documentation such as affidavits or personal statements.
“Even if a charge didn’t result in jail or even a conviction, if the court records show that immoral conduct took place – even if it didn’t result in a conviction – it could still be a problem at a naturalization interview,” Siskind said.
Since January, the Trump administration has been revising immigration policy, implementing stricter rules across multiple legal immigration channels and leveraging USCIS, a benefits-focused agency, to curb migration.
Experts have raised concerns about how USCIS will evaluate applicants’ loyalty, regarding the policy on “anti-American” views.
“What does it mean to be anti-American? There are questions on the naturalization application asking whether one would take the oath of allegiance, whether one would bear arms on behalf of the U.S., whether one would perform work of national importance, and whether one would perform noncombatant services,” Lau said.
“Are affirmative answers to these questions sufficiently ‘American? This is also as vague and ambiguous as the ‘societal norms’ question,” he added.
Green card holders, who are eligible to apply for U.S. citizenship, may find these new policies affecting their naturalization process. The expanded evaluation criteria mean that applicants will need to provide comprehensive documentation demonstrating the new changes.
What People Are Saying
Vincent W. Lau, managing partner at Clark Lau, told Newsweek: “The pitfall now would be to file an application with no evidence at all. It is too soon to know whether USCIS will be providing any further guidance. Short of further guidance, applicants are going to find themselves in a guessing game. The bar has been raised. Having GMC is not just about not doing “wrong,” but one must also do “right.” And, how much “right?”
Greg Siskind, founding partner at Siskind Susser, told Newsweek: “Applicants should also now be proactive in demonstrating they are good members of the community. Showing a person is a good family member and volunteers in the community can help, and a person can get affidavits or personal statements to help document this.”
USCIS spokesman Matthew Tragesser, in a press release: “America’s benefits should not be given to those who despise the country and promote anti-American ideologies. U.S. Citizenship and Immigration Services is committed to implementing policies and procedures that root out anti-Americanism and supporting the enforcement of rigorous screening and vetting measures to the fullest extent possible.”
What Happens Next
As these policies are relatively new, applicants are advised to prepare thorough documentation and remain up to date with the latest information.
The post How Green Card Holders Can Best Show ‘Good Moral Character’ appeared first on Newsweek.
