An individual applying for naturalization must have “Good Moral Character.” The immigration agency has wide discretion in determining whether someone has good moral character. However. there are some set principles that apply. If you are thinking about naturalizing, please contact a naturalization lawyer to ensure your eligibility. As the follow demonstrates, naturalizing can get confusing.
Time Frame:
Generally speaking, the immigration agency will look at a person’s good moral character during the last five years. This period is decreased to three years for individuals who are married to U.S. citizens.
However, the immigration agency has discretion to look at acts that have occurred outside of the three or five year time frame.
The need to maintain good moral character extends until someone has taken the oath of allegence to the United States. Thus, even acts that occur after a naturalization interview can be used to determine your good moral character.
Mandatory Bars to Naturalization During 3/5 Year Period
Certain actions result in a mandatory bar to naturalization if they occur during the three or five year period immediately before the application. These acts include:
- Commission of a crime involving moral turpitude. Note, this does not require a conviction – just a commission.
- Conviction of multiple crimes for which the applicant was sentenced to incarceration of five or more years.
- Violation of a controlled substance law of any country
- Giving false testimony to obtain an immigration benefit.
- being a “habitual drunkard.”
There are a few exceptions to these mandatory bars, however they are a bit complicated and should be discussed with a naturalization attorney.
Discretionary Good Moral Character Issues
Certain actions during the 3 or 5 year period of review can lead to a denial of good moral character, but are left to the discretion of the immigration agency to determine. These acts include:
- Failing to support dependents.
- Failing to comply with child support orders
- Committing adultery that is “tending to destroy an existing marriage.”
- Failing to register for Selective Service
Acts Resulting in Permanent Bar To Naturalization
Some acts, no matter when committed, make an individual permanently barred from naturalization due to a lack of good moral character. These acts include murder, the commission of an aggregated felony (but see below), among others.
The commission of an aggravated felony is a permanent bar, unless the conviction was made before 1990. In that case, the individual is not statutorily barred.
Consult a Naturalization Attorney
No matter what your situation is, it is always best to consult a naturalization lawyer to ensure your eligibility to naturalize. No amount of web analysis will ensure that you are eligible to naturalize. Further, no amount of web analysis will ensure that you will not risk deportation if you apply for naturalization and are found ineligible and removable.
To contact a New York City naturalization lawyer, contact Gafner Law Firm.