USCIS PUBLISHES GMC GUIDELINES FOR CITIZENSHIP APPLICANTS

On December 13, 2019, United States Citizenship and Immigration Services (USCIS) published new Good Moral Character (GMC) guidelines for its Immigration Services Officers (ISO). 

“Good Moral Character” is a phrase used in the Immigration and Nationality Act to cover the conduct of foreign nationals while present in the United States. It is a statutory provision and applicants for citizenship must establish that they have the requisite Good Moral Character (GMC) to become citizens. 

As part of the naturalization process, all potential citizens are required to prove "good moral character." One of the things that can keep an applicant from meeting this requirement is being accused—not convicted, not charged, merely accused—of unlawful acts. As a general rule, a citizenship applicant has to demonstrate GMC for five years prior to taking the Oath of Allegiance to become a citizen.

Under the Immigration and Nationality Act (INA), an applicant for naturalization must establish GMC. Although the INA does not directly define GMC, it does describe certain acts that bar establishing GMC of an applicant. Examples of unlawful acts recognized by case law as barring GMC include, but are not limited to, the following:

• 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; and
• violation of a U.S. embargo.

In general, applicants must show they have been, and continue to be, people of GMC during the statutory period before filing for naturalization and up until they take the Oath of Allegiance. The statutory period is generally five years for permanent residents of the United States, three years for applicants married to a U.S. citizen, and one year for certain applicants applying on the basis of qualifying U.S. military service.