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New Heightened “Good Moral Character” Standards for Immigration Benefits
Contributor: Van T. Doan
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A finding of “good moral character” has long been a requirement for immigrants seeking to become naturalized U.S. citizens. Having any kind of criminal record, but especially having a conviction, could damage your chances of being found to be of good moral character.
Over time, the U.S. Citizenship and Immigration Services (USCIS) has updated its guidance about what constitutes a lack of good moral character. In December 2019, for example, a USCIS policy alert stated that an applicant who had committed or was imprisoned for an “unlawful act” could be found to lack good moral character, even if the applicant hadn’t been convicted, or even charged, with that unlawful act. That alert also expanded the examples of unlawful acts that could be used to counter a claim of good moral character.
Now, as the result of an August 15, 2025 policy alert, the definition of good moral character has continued to evolve. For the first time, good moral character means not only an absence of bad behavior, but the presence of positive attributes. Here is an overview of the new standards, and what they may mean for you.
How Has Policy Changed Regarding “Good Moral Character?”
In the past, all that you needed to show for a finding of good moral character was that you didn’t have a serious criminal record or history of unlawful behavior. Now, USCIS officers are required to take into account “an alien’s positive attributes and not simply the absence of misconduct.”
The Immigration and Naturalization Act (INA) does not specifically define “good moral character.” However, USCIS has historically held applicants to the standard of an average U.S. citizen. Now, in the words of USCIS spokesperson Matthew J. Tragesser, “U.S. citizenship is the gold standard of citizenship—it should only be offered to the world’s best of the best.”
The “best of the best” standard is not found anywhere in the INA, other than in a separate classification for “persons of extraordinary ability.” Regardless, applicants for naturalization are now being held to a higher standard than average citizens.
The positive attributes applicants may need to show include:
- Community involvement, such as volunteer work
- Financial responsibility, including a record of filing and paying taxes
- Educational attainment
- A history of stable, lawful employment and achievement
- Strong ties to, and responsibility for, family in the United States
- A length of lawful residence in the United States
It is conceivable that someone who previously qualified as a person with good moral character because they had no criminal history would now fail to meet the standard. For example, a quiet single retiree with no education beyond high school and few ties to family in this country might be found to lack good moral character.
The determination of whether an applicant is of good moral character is a partly discretionary one. An applicant may have something on their record, such as conviction of an aggravated felony, that automatically excludes them from being found to have good moral character. But even if an applicant’s record is clean, a USCIS officer can still exercise their own judgment as to whether the applicant has enough positive attributes to meet the standard.
What is “Anti-Americanism” and How Does it Affect Immigration?
Becoming a naturalized American citizen is not the only area in which USCIS focuses on an applicant’s conduct. On the same day that the policy alert on good moral character was issued, there was another policy alert clarifying discretionary factors in certain immigration benefit requests.
“Anti-American ideologies” on the part of an applicant can be used to deny immigration benefits like visa extensions, green cards, or adjustments of status. According to the policy alert, the factors that officers may consider in requests for certain immigration benefits where an exercise of discretion is required include “any involvement in anti-American or terrorist organizations.”
What does “anti-American” mean in this context? What does it mean to be “involved” in an organization? The government does not clearly define these terms. That lack of clarity means that immigration officials exercising their discretion have the power to decide that an applicant’s values or conduct is not consistent with their view of American values.
It’s reasonable to be concerned that protesting the actions of the U.S. government, or expressing opinions critical of the U.S. government, could be found to be anti-American. That includes statements made on social media.
What the New Policy Guidance May Mean for You
Opponents of these policy changes argue strongly that they may be unconstitutional. For example, denying someone an immigration benefit because of an opinion they posted on social media may violate the First Amendment. However, unless and until the new policies are challenged in court and found unconstitutional, people will have to live with them and abide by them.
Applicants for naturalization and other immigration benefits must already provide the government with a lot of documentation to show that they are eligible. With these policy changes, it may be necessary to provide even more. If you are concerned about how to show positive attributes to prove good moral character, or worried about whether your past conduct or statements may appear “anti-American,” an experienced immigration attorney can help. To learn more about your rights and your obligations, contact our law office to schedule a consultation.