By: Priscila Janjua
Good moral character is the one citizenship requirement you cannot study for. To naturalize, a green card holder must prove to U.S. Citizenship and Immigration Services (USCIS) that they have been a person of good moral character for the entire five years before filing and every day after that until the oath ceremony. INA § 316(a), 8 U.S.C. § 1427(a). A conviction, a missed tax return, or even an unpaid child-support order inside that window can turn a routine application into a denial. Here is how the rule works and how our immigration team helps clients get it right the first time.
What does “good moral character” actually mean?
Congress never fully defined the phrase. Instead, the law works backward: it lists behavior that disqualifies a person, and USCIS decides whether everything else measures up to “the standards of average citizens of the community.” 8 C.F.R. § 316.10(a)(2). Think of it less as a test you pass and more as a background check with an opinion attached.
The disqualifiers come in two tiers.
- Permanent bars apply no matter how long ago the conduct happened: murder, any “aggravated felony” conviction after November 29, 1990, and involvement in genocide, torture, or persecution. INA § 101(f)(8)–(9). Don’t let the word “felony” fool you. In immigration law, “aggravated felony” is a term of art that sweeps in far more than violent crime: rape and sexual abuse of a minor, yes, but also certain theft and fraud offenses, tax evasion, document fraud, racketeering and gambling offenses, child pornography, and even failing to appear in court in some circumstances. Some of these can be misdemeanors under state law. That list deserves its own article; for now, know that it is longer than most people expect.
- Conditional bars apply only if the conduct falls inside the five-year “statutory period” (three years if you are married to a U.S. citizen). These include a crime involving moral turpitude, two or more gambling offenses, most controlled-substance offenses, habitual drunkenness, prostitution, smuggling, polygamy, giving false testimony to get an immigration benefit, and spending 180 days or more in jail. INA § 101(f); 8 C.F.R. § 316.10(b)(2).
Then there is the catch-all. Even with no listed bar, USCIS may deny an applicant who committed “unlawful acts that adversely reflect upon moral character.” 8 C.F.R. § 316.10(b)(3)(iii). This is where unpaid taxes, failure to pay court-ordered child support, and old DUIs could do their damage.
How does USCIS check?
Three ways, and all of them are thorough.
- First, the N-400 application, which an individual must fill out to petition for citizenship, asks roughly 50 yes-or-no questions about arrests, taxes, memberships, and conduct. The individual must disclose every arrest, even one that was dismissed or expunged.
- Second, USCIS takes fingerprints and runs FBI and DHS database checks that surface citations most people forgot about.
- Third, an officer interviews you under oath. A false or incomplete answer at any stage is itself a bar: “false testimony for the purpose of obtaining any benefits” is disqualifying regardless of how minor the thing you were hiding. INA § 101(f)(6); Kungys v. United States, 485 U.S. 759 (1988).
The standard got tougher in 2025. USCIS issued a policy directing officers to conduct a “holistic” review of each applicant and to weigh negative factors, evidence of rehabilitation, and affirmative contributions such as steady employment, tax compliance, family responsibility, and community involvement. USCIS Policy Memorandum PM-602-0192 (Aug. 15, 2025); USCIS Policy Manual, Vol. 12, Pt. F. In plain terms: the absence of a criminal record is no longer the finish line. Officers are told to look for reasons to say yes, and for reasons to say no.
The three mistakes that sink otherwise strong applicants
Filing while on probation. An application cannot be approved while you are on probation, parole, or a suspended sentence, no matter how minor the offense. 8 C.F.R. § 316.10(c)(1). Finish the sentence first.
Miscounting the five years. The statutory period is measured backward from the day USCIS receives your application. If a disqualifying conviction is four years and eleven months old, you file one month too early and lose the filing fee (currently $760) plus a year or more of processing time. Waiting until the conviction is safely outside the window, and outside it by a comfortable margin, is usually the better strategy.
Assuming a dismissed case doesn’t count. For immigration purposes, a “conviction” includes a guilty plea followed by any penalty, even if the state court later dismissed the charge under a deferred-sentence program. INA § 101(a)(48)(A). North Dakota’s deferred imposition of sentence and Minnesota’s stay of adjudication are both treated as convictions by USCIS. Green card holders facing criminal charges should talk to an immigration attorney before accepting any plea. Our immigration team regularly consults with defense counsel on exactly this question.
What should a green card holder do before filing?
Pull your own records. Order your FBI Identity History Summary and certified dispositions for every arrest anywhere in the world. Confirm all tax returns are filed, and any balance is paid up. In the past, tax payment plans were okay, but today we are seeing more and more applications denied because taxes aren’t paid in full. Bring proof of child-support payments if an order exists. Then ask an immigration attorney to review the whole file against the current Policy Manual. Most problems are fixable with time, documentation, or both, but only if they are found before USCIS finds them.
If you are a permanent resident in North Dakota or Minnesota and want a clear answer on whether you are ready to naturalize, contact SW&L Attorneys for a consultation. Past results do not guarantee future outcomes; every case depends on its own facts.
The information contained in this article and on this website is for informational purposes only. Do not rely on the information on this website as legal advice. Please refer to the full disclaimer here.
Frequently Asked Questions
How long do I need good moral character to become a U.S. citizen?
Five years before filing Form N-400 and continuing until you take the Oath of Allegiance. If you are married to and living with a U.S. citizen, the period is three years.
Does a dismissed charge affect good moral character?
It can. You must disclose every arrest on the N-400, and a guilty plea followed by any court-imposed penalty counts as a conviction even if the charge was later dismissed under a deferred-sentence program.
Can I apply for citizenship while on probation?
You can file, but USCIS cannot approve the application until probation, parole, or any suspended sentence is complete. Most attorneys recommend waiting to file.
Does owing back taxes stop naturalization?
Unfiled returns or an unpaid balance with no payment plan is treated as an “unlawful act” that reflects adversely on moral character. Filing all returns and entering an IRS installment agreement before applying usually resolves the issue. Recently, even a payment plan can cause issues. Please speak to an immigration attorney about the specific facts of your case before applying.
