| In addition to the objective requirements, including residency, applicants must meet two subjective requirements before they may become naturalized United States citizens. One of these requirements is that of good moral character during the required period of residency.
Whether an applicant possesses good moral character depends upon not only the applicant's behavior but also how that behavior relates to societal standards. Behavior committed before the requisite period may be considered to the extent that it bears on moral character during the period of residency.
U.S. Citizenship and Immigration Services (USCIS) regulations dictate how certain conduct will be treated for the purpose of determining whether an alien applying for naturalization benefits has good moral character. General rules are specified, applying to different types of acts. Some mandate a determination that the alien lacks good character, and some create a finding of lack of good moral character that can be rebutted by the alien.
Acts That Mandate A Finding That An Applicant Lacks Good Moral Character
Some acts that mandate a finding that an alien lacks good moral character do so regardless of when the acts were committed. Others must have been committed during a specific time period. If an alien is convicted of murder or of an aggravated felony, for instance, a finding of a lack of good moral character is mandatory.
A finding of lack of good moral character is also mandated by certain actions committed during the statutory time period, including the following: (1) many crimes involving moral turpitude; (2) more than one conviction with a sentence of five years or more; (3) some controlled substance crimes; (4) prostitution and polygamy crimes; (5) deliberate falsification of information to obtain immigration benefits; (6) illegal gambling; and (7) habitual drunkenness.
Acts That Create A Rebuttable Finding That An Applicant Lacks Good Moral Character
Only a rebuttable, or preliminary, finding of a lack of good moral character is required for some acts if they are committed during the statutory time period. Those acts include the following: (1) failing to support his or her dependents; (2) having an affair that tended to destroy his or her marriage; and (3) committing unlawful acts relevant to an assessment of good moral character. If any of these three actions are shown during the relevant period, the alien must show that extenuating circumstances existed. For example, a finding of lack of good moral character due to a failure to support dependents could be rebutted by a showing that the alien was unemployed. Copyright 2010 LexisNexis, a division of Reed Elsevier Inc. |