Good morals are key to becoming a U.S. citizen. These unlawful acts could block immigrants
One of the key requirements for U.S. citizenship through naturalization is to show good moral character.
That signifies behaving in an acceptable manner, not committing certain crimes during the five years before applying and not lying during the naturalization interview.
Some behaviors that might show lack of good moral character are widely known, such as drunk driving, illegal gambling, prostitution and lying to get immigration benefits. (A person with an aggravated felony is ineligible for naturalization.)
But policy guidance information about which unlawful acts render an immigrant ineligible for naturalization has not been extensive, the U.S. Citizenship and Immigration Services (USCIS) acknowledged on Friday.
The Department of Homeland Security agency said in a news release that it is now expanding existing guidance on the “unlawful acts” that block an immigrant’s path to citizenship due to lacking good morals.
The policy alert highlights that the immigration agency is including clear examples of unlawful acts.
“Previously, the USCIS Policy Manual did not include extensive information on unlawful acts. This update to the Policy Manual provides additional examples of unlawful acts and instructions to ensure USCIS adjudicators make uniform and fair determinations, and further identifies unlawful acts that may affect GMC [good moral character] based on judicial precedent,” the agency explained.
Read more: Here’s what it takes for an immigrant to get a green card — and not lose it
Friday’s announcement came three days after the agency issues a separate policy guidance adopting two recent decisions from Attorney General William Barr that will make it harder for green card holders with two or more driving under the influence (DUI) convictions within the statutory period to become U.S. citizens.
Barr’s decision will also substantially limit the options immigrants have to fight deportation orders.
New examples of acts that reflect bad moral character
USCIS’ new guidance specifies these 15 additional examples of “unlawful acts” that adversely reflect on moral character for naturalization purposes:
▪ Bail jumping
▪ Bank fraud
▪ Conspiracy to distribute a controlled substance
▪ Failure to file or pay taxes
▪ False claim to U.S. citizenship
▪ Falsification of records
▪ Forgery uttering
▪ Insurance fraud
▪ Obstruction of justice
▪ Sexual assault
▪ Social Security fraud
▪ Unlawful harassment
▪ Unlawful registration to vote
▪Unlawful voting
▪Violation of a U.S. embargo
Read more: Here are some of the worst mistakes immigrants make applying for legal papers
Other requirements for naturalization
In addition to establishing good moral character, immigrants who aspire to become U.S. citizens must:
▪ An applicant must be at least 18 years old at the time of filing
▪ Live in the United States as a permanent legal resident for five continuous years, or three if he or she got a green card through a U.S. citizen spouse
▪ Show physical presence in the United States for at least 30 months during the last five years, or 18 months if married to an American
▪ Be able to read, write and speak basic English, and show knowledge of U.S. history and government
▪ Be willing to support and defend the United States and the U.S. Constitution
Lying about a person’s background in the citizenship application
In its “Welcome to the United States” guide for new immigrants, USCIS recommends petitioners to declare any crime that has been committed when requesting naturalization.
“This includes crimes removed from your record or committed before your 18th birthday. If you do not tell USCIS about them, you may be denied citizenship and you could be prosecuted,” the agency warns.
Daniel Shoer Roth is a journalist covering immigration law who does not offer legal advice or individual assistance to applicants. Follow him on Twitter @DanielShoerRoth. The contents of this story do not constitute legal advice.
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This story was originally published December 14, 2019 at 12:43 PM.
