What Is The Statutory Period For Naturalization Cases? The BIA perspective, in short, adds a much-needed degree of levity to a legal term open to a near infinite range of discretionary evaluations. Good moral character does not mean moral excellence. For as the Board of Immigration Appeals has pointed out in the broader immigration context, “good moral character does not mean moral excellence.” Citizenship and Immigration Services Policy Manuel, is the official guide for determining good moral character in naturalization cases – even though it sounds like one of those fuzzy subjective “I know it when I see it” legal interpretations.ĭespite its broad language used by USCIS, the government does not possess unfettered discretion in assessing good moral character. Hence, the above explanation, provided by the U.S. There is no statutory definition of what constitutes good moral character. I wouldn’t be surprised if that description leaves you confused. Good moral character for naturalization is character which measures up to the moral standards of average members of the community in which a naturalization applicant resides. That’s the beginning, not the end, of the analysis. Generally speaking, it’s true lawful permanent residents who desire naturalization status need to show they have been persons of good moral character for the requisite period of time set forth in immigration regulations. Let’s start to explore the intricacies of good moral character there. Other times, they only create a temporary setback. Moreover, for some immigrants, the good moral character requirements could cause a permanent bar to citizenship. This type of denial means that in the view of USCIS, they have committed “bad” acts – acts which are not automatic disqualifications, yet make them undeserving of approval. Most, but not all, of these acts are related to criminal convictions.Īpplicants can also be denied in the government’s discretion. There are two ways naturalization candidates can lose their cases for lacking good moral character.Īpplicants can be statutorily denied, which means they’ve committed an act that is listed as a disqualifying factor under citizenship law. In particular, good moral character warrants prudent vigilance. Fourth, other bad acts, not crimes per se, can stymie and defeat the efforts of lawful permanent residents to win naturalization benefits.Ī Brief Overview Of Good Moral Character In Naturalization LawĪlong the path to United States citizenship, applicants need to be cautious about various potential pitfalls.Third, certain criminal acts, whenever committed, can preclude naturalization applicants from ever becoming a United States citizen.Second, naturalization requirements allow a review of an applicant’s behavior not just in the few years prior to applying for citizenship, but also way beyond such a limited time period. The meaning of good moral character is broader than a mere recital of criminal convictions.
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