What is the USCIS good moral character clause?
‘Good moral character’ is a requirement to become a naturalized United States citizen. This means that an applicant for naturalization must have good moral character similar to that of the average US citizen in the community where he lives. This ‘good moral character’ standard must be maintained for a statutory period of 3 to 5 years depending on the application type, although an applicant’s earlier conduct can also be taken into account.
A United States Citizenship and Immigration Services (USCIS) officer assesses whether an applicant has met the good moral character requirement for each case. As such, determinations are made on a case-by-case basis. It is important to note that USCIS uses both official records as well as personal testimony to determine good moral character. This means that the office can take into account answers to questions during interview or anything the applicant personally reports to determine if the good moral character clause has been violated or not.
Criminal or unlawful acts or behavior can jeopardize someone’s chances of being approved for United States citizenship. Certain criminal acts can entirely prevent an applicant from being able to establish good moral character. These are known as permanent bars to good moral character and include murder and aggravated felonies. Aggravated felonies cover a variety of serious crimes that can range in nature from crimes of violence, to high level financial crimes, as well as different types of fraud. A more detailed explanation of permanent bars to good moral character can be found in the USCIS Policy Manual, Volume 12 - Chapter 4. https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-4
In addition to permanent bars to good moral character, there are also conditional bars to good moral character. The types of criminal acts known as conditional bars to good moral character include:
- crimes involving moral turpitude;
- conviction of two or more offenses that result in a combined sentence of 5 or more years;
- and violations involving controlled substances, among others.
A more detailed explanation of permanent bars to good moral character can be found in the USCIS Policy Manual, Volume 12 - Chapter 5. https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5
Applicants who are ready to apply for United States citizenship are often curious, or concerned, about the good moral character requirement and how it applies to their case. While many applicants understand that serious felony crimes -- such as murder and violent assault -- could prevent them from naturalization, individuals are often confused or worried about how seemingly minor incidents can result in a USCIS officer determining that an individual lacks good moral character.
Controlled Substances Violations - Marijuana related offenses
There has been a lot of confusion more recently regarding controlled substances violations and how they impact the good moral clause requirement, more specifically violations related to marijuana.
The reason for the increased confusion comes from the fact that an increased number of states and territories in the US have decriminalized marijuana. Most states now allow for the legal use of marijuana for medical and/or recreational purposes. As of 2021, most states in the country at least allow for legal medical use of marijuana. Only 3 states remain that continue to hold that marijuana is illegal for any use. In addition, the non-medical use of marijuana (cannabis) has been decriminalized in 16 states and is legal in 15 states.
The changes to the laws surrounding marijuana and its use throughout the United States, has created some confusion for applicants who want to know if USCIS and the government still consider marijuana use a violation to the good moral character requirement. People think that because some local or state laws in a specific location do not consider marijuana use a crime, then it would not apply as a violation of the controlled substances standard. However, the government does not go by local/state laws to determine whether an applicant has violated the requirements for naturalization.
It is important to note that federal law continues to officially classify marijuana as a controlled substance. As such, the use, manufacture, distribution or even possession of marijuana technically remains a violation of federal law; this holds true even if the applicant lives in a state or territory in the US where marijuana has been decriminalized and medical and/or recreational use is permitted in that location. This also means that the use of marijuana can negatively impact a naturalization application regardless of state/local laws. Because USCIS takes into consideration officials records as well as personal responses or applicant responses to determine a case, any suggestion or information that establishes a controlled substances violation will be counted against the good moral clause standard.
Minor Marijuana Offense
Controlled substances violations can fall into either the permanent bar or the conditional bar to good moral character categories. However, some applicants for naturalization may have a minor marijuana related offense that may not count towards either category. There is an exception for a single offense of simple possession. The conditional / permanent bar to good moral character does not apply if the violation was a single offense of simple possession of 30 grams or less of marijuana. A similar single paraphernalia offense is also an exception as long as the offense is associated with the same simple possession of 30 grams or less of marijuana.
Consult an Immigration Attorney
Individuals ready to apply for naturalization should consult an immigration attorney prior to submitting their application. It is important to review your past record and discuss any behavior or criminal conduct with your attorney to determine if or how any such conduct may impact your application. Immigration attorneys can discuss the potential issues with your case and can also discuss possible options for improving your case as well. In addition, USCIS has an online, accessible policy manual that provides explanations for various immigration policies, including naturalization and other immigration related processes. The USCIS Policy Manual can be accessed here (https://www.uscis.gov/policy-manual).
Frequently Asked Questions About The Good Moral Character Clause
What is the significance of the "good moral character" requirement in the naturalization process?
The "good moral character" requirement is a critical criterion for becoming a naturalized U.S. citizen. It ensures that applicants demonstrate behavior and moral standards comparable to those expected of the average U.S. citizen. This requirement is assessed over a statutory period of 3 to 5 years, depending on the type of application. USCIS evaluates an applicant's moral character on a case-by-case basis, considering both official records and personal testimony. Serious criminal offenses can permanently bar an individual from naturalization, while less severe offenses may lead to conditional bars that could still affect eligibility.
How do marijuana-related offenses affect the "good moral character" assessment for naturalization?
Marijuana-related offenses can impact the "good moral character" assessment because marijuana remains classified as a controlled substance under federal law. Despite state-level decriminalization and legalization, federal law continues to consider marijuana use, distribution, or possession as illegal. As a result, even if an applicant resides in a state where marijuana is legal, federal regulations still apply to the naturalization process. However, there is an exception for a single offense of simple possession of 30 grams or less of marijuana or a related paraphernalia offense, which generally does not count as a bar to good moral character.
