New USCIS Standards for Evaluating Moral Character in Naturalization Applications

On August 15, 2025, the U.S. Citizenship and Immigration Services (USCIS) released a new policy memorandum that introduces a revised standard for evaluating moral character in naturalization applications. This post will outline the key elements of this new standard, its implications, and important considerations for applicants.

The Importance of Moral Character in Naturalization

The requirement for "good moral character" has always been a part of the process. When reviewing an application for naturalization, USCIS assesses applicants' "good moral character" (GMC) during the five years preceding the application to confirm adherence to U.S. values. The officers may also look beyond the five years preceding the application where appropriate.

Key Changes in the New Standard

According to the new memorandum, “from now on, USCIS officers must account for an alien’s positive attributes and not simply the absence of misconduct.” This involves evaluation of an "individual's conduct, adherence to societal standards, and positive contributions." Officers are thus now required to assess an applicant's positive traits in addition to verifying the absence of misconduct.

Officers are also instructed to consider non-criminal behaviors that might be viewed as socially undesirable, such as frequent traffic violations or other patterns of reckless or disruptive conduct. This broadened review scope has raised concerns that the guidelines may be unclear and subjective, potentially leading to inconsistent results or unfairly disadvantaging applicants with limited resources or less formal evidence of their positive contributions.

The new guidance categorizes behaviors into three types when assessing naturalization eligibility:

• Permanent Bar: This includes violent offenses such as murder, aggravated felonies, or other crimes of violence.

• Conditional Bar: This category encompasses actions like controlled substance violations or two or more convictions for driving under the influence.

• "Technically Lawful" Behavior: While not illegal, these actions “may be inconsistent with civic responsibility within the community, such as reckless or habitual traffic infractions, or harassment or aggressive solicitation”.

The guidance states that USCIS will review all available documentation and question naturalization applicants about the specifics of their actions to determine if a particular situation or act should disqualify them from naturalization.

This broader view of undesirable behavior raises concerns about unclear, subjective adjudication, potentially leading to inconsistent results or disadvantaging applicants.

Importance of Documentation

As per the Memo, USCIS will focus more on an alien’s positive qualities and contributions when determining GMC. Applicants thus should submit documentation of:

• Sustained community involvement and contributions in the United States.

• Family caregiving, responsibility, and ties in the United States.

• Educational attainment.

• Stable and lawful employment history and achievements.

• Length of lawful residence in the United States.

• Compliance with tax obligations and financial responsibility in the United States.

We Can Help

If you are in the process of applying for naturalization and are looking for advice to understand the process and requirements better, we welcome you to contact our office for a legal consultation.

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This article has been prepared for general information purposes only. The information presented is not legal advice, is not to be acted on as such, may not be current, and is subject to change. Readers should consult their attorneys for advice on any specific legal matter.