USCIS Policy Changes – August 15, 2025 Good Moral Character
The Policy Memorandum titled “Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard for Aliens Applying for Naturalization” outlines the approach and standards for evaluating the good moral character (GMC) of aliens seeking naturalization. Here is a summary:
Purpose
The memorandum emphasizes the importance of evaluating GMC as a holistic assessment of an alien’s behavior, adherence to societal norms, and positive contributions, rather than just the absence of wrongdoing. It aims to restore a comprehensive approach to GMC determinations under section 101(f) of the Immigration and Nationality Act (INA).
Authority
The memorandum is based on the following authorities:
- INA 101(a)(43) – Definition of “aggravated felony”
- INA 103(a) – Powers and duties of the Secretary of Homeland Security
Background
Pre-1990 Discretionary Framework
Before the early 1990s, INS officers determined GMC broadly, considering rehabilitative evidence, volunteer service, family responsibilities, and other positive traits.
Post-1990 Statutory Changes
The Immigration Act of 1990 expanded the definition of “aggravated felony” and introduced fixed bars for issues like drug offenses, fraud, and misrepresentation, moving towards a checklist approach rather than considering individual circumstances.
Current Legal Framework
Under INA 316(a) and 8 CFR 316.2, officers apply the preponderance of evidence standard to all naturalization requirements. Certain bars remain unconditional and permanent, but officers have the authority to weigh all relevant evidence, both adverse and favorable, before granting or denying naturalization.
GMC Standard
Naturalization is seen as a significant legal transformation, requiring an alien to demonstrate GMC. The standard of proof is preponderance of the evidence, meaning aliens must show it is more likely than not that they have met all the requirements for naturalization. GMC findings must reflect a genuine positive assessment of the alien’s character.
Totality of Circumstances Approach
USCIS officers must account for an alien’s positive attributes and not just the absence of misconduct. The holistic approach involves evaluating whether an alien has affirmatively established that they are worthy of assuming the rights and responsibilities of U.S. citizenship.
Greater Emphasis on Positive Attributes or Contributions
USCIS will place greater emphasis on positive factors such as:
- Sustained community involvement and contributions
- Family caregiving and responsibilities
- Educational attainment
- Stable and lawful employment history
- Length of lawful residence in the U.S.
- Compliance with tax obligations and financial responsibility
Greater Scrutiny of Disqualifying Behavior and Action
USCIS will focus on disqualifying behavior or actions, including:
- Permanent bars to GMC, such as murder, aggravated felony, crimes of violence, persecution, genocide, torture, or severe violations of religious freedom
- Conditional bars to GMC, such as controlled substances violations, multiple DUI convictions, false claims to U.S. citizenship, unlawful voter registration, or unlawful voting
- Any other acts contrary to the average behavior of citizens in the community
Rehabilitation and Reformation
USCIS will ensure that aliens who have engaged in wrongdoing are properly rehabilitated and reformed. Evidence of genuine rehabilitation may support a finding of GMC, including:
- Rectifying overdue child support payments or other family obligations
- Compliance with probation or court conditions
- Community testimony attesting to ongoing GMC
- Reformation or mentoring those with similar past
- Full repayment of overpayment of benefits
- Full payment of overdue taxes
This approach empowers USCIS officers to review the complete history of aliens seeking naturalization and require them to present their full story, demonstrating how their life aligns with the ethical standards and expectations of the community.
