Immigrants & Immigration

To apply to become a US citizen, a person must show they have good moral character (GMC). This means that a person meets the standard of good person set by their community. Generally, conduct and character are reviewed for the last 5 years before applying for naturalization. The GMC review period is shorter if a person applies through being married to a US citizen. The government may sometimes consider older conduct and behavior Applicants must also show GMC for other immigration benefits, including cancellation of removal, Violence Against Women Act (VAWA) benefits, and others.

Applicants must provide evidence to the immigration officer they have good moral character. New policy requires people to show evidence of positive factors showing good moral character and disclose negative factors. Before, people only had to show evidence of positive factors if their application showed negative factors.

There are things that can disqualify a person from showing good moral character (GMC) temporarily. There are also things that permanently prevent someone from showing good moral character.

A person does not have good moral character if, during the 5 years before their application is filed, they:

• Are drunk frequently,
• Have been convicted of two or more gambling offenses,
• Have two or more Driving Under the Influence (DUI) convictions,
• Gave false information to get immigration benefits,
• Do not pay their taxes on time,
• Do not pay child support or alimony,
• Were in prison for 180 days or more at any time,
• Break a law by having drugs (except 30g or less of marijuana),
  • Note: Even if a state has decriminalized marijuana, there are still federal laws against marijuana that apply to immigration. So, even if it is legal in one state to use marijuana, using marijuana is still against federal law and can count against a person for good moral character.
• Engaged in prostitution,
• Smuggled a person to enter the US,
• Practiced polygamy,
• Engaged in an extramarital affair, or
• Committed a crime “involving moral turpitude.” This is an immigration term that means the crime was especially immoral, according to the government.

Generally, if the issue occurred more than 5 years ago, immigration will not count it too heavily.   However, it’s important to keep in mind that they can consider it if they want to.

A person is permanently barred from establishing good moral character if they, at any time:

• Are convicted of murder,
• Are convicted of an aggravated felony on or after November 29, 1990, or
  • Aggravated felonies are a category of offenses defined in immigration law.  It is a long list and includes, but is not limited to: rape or sexual abuse of a minor, trafficking controlled substances or firearms, and fraud or tax evasion over $10,000.
• Are involved in persecution, genocide, torture, or severe violations of religious freedom.

Review the USCIS policy manual for more information on permanent bars to good moral character. 

If a person has a criminal history, it is important to consult with an immigration lawyer. While having convictions in a person’s record can make it harder to show GMC, the rules are complicated. 

In some cases, a criminal conviction may not “count” against GMC. For example, juvenile convictions do not count for immigration purposes unless the child was charged as an adult. An immigration lawyer can help explain the rules and best present an individual’s history.

A person will want to show they are involved in and contribute to their community. This can mean filing evidence with their application, or providing evidence to the office at their interview. Here are some factors an officer might think are positive good moral character factors:

• Education,
• Family ties,
• Work history,
• Volunteer or community service work,
• Military service and awards,
• Involvement in church or other religious or civic organizations,
• Property ownership,
• Meeting financial obligations,
• Proof you paid taxes on your income regardless of whether you are a lawful permanent resident or an undocumented immigrant
  • Note: On April 7, 2025, the Internal Revenue Service (IRS) signed an agreement with the Department of Homeland Security (DHS) to provide information about undocumented immigrants who have filed documents like tax returns with the IRS to DHS in an effort to assist with deportations. It is recommended that you speak with an immigration lawyer about your specific immigration and tax situation.

Here are some examples of things to submit to show good moral character:

• School records or transcripts,
• Tax transcripts,
• Record of military service,
• Records of employment,
• Records of volunteering or community service work, or
• Statements from community members who can talk about your good moral character, such as religious or civic leaders, neighbors, employers, family members.

This list is not exhaustive. You should consult an experienced immigration attorney before submitting any extra documents with your applications.