Having good moral character (GMC) has been a long-standing requirement for naturalization, i.e., application to become a U.S. citizen. According to the USCIS Policy Manual, “GMC means character which measures up to the standards of average citizens of the community in which the applicant resides.”
This has mainly been a question of whether someone has committed any crimes, not only in the U.S. but anywhere in the world. USCIS’s own policy manual goes into depth concerning what crimes would render one not having GMC and also allows for factors that an officer should consider, including the reformation of the applicant’s character.
On August 15, 2025, USCIS issued a policy memo which directs officers to change their approach of assessing whether an applicant has GMC. Specifically, the memo states “Evaluating GMC involves more than a cursory mechanical view focused on the absence of wrongdoing. It entails a holistic assessment of an alien’s behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.” This memo claims that statutory changes since 1990 have pushed officers towards a checklist approach to evaluating GMC. Instead, if directs officers now not only to consider whether an applicant has committed any wrongdoing, but that officers should weigh all favors, both positive and negative. The policy memo directs officers to take a totality of circumstances approach: “In evaluating whether or not an alien seeking naturalization has affirmatively established that he or she has met their burden of establishing that they are worthy of assuming the rights and responsibilities of United States Citizenship.” “It entails a holistic assessment of an alien’s behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.”
This new directive is a game changer.
For years, applicants can walk into a naturalization interview knowing whether or not they would meet the GMC test. Knowing that they have not committed any crimes would be sufficient. Instead, they are now subject to a much more discretionary test of whether they meet the “societal norms” and whether they have made “positive contributions affirmatively.” What do these terms mean?
The memo does give few examples of what USCIS officers should consider as “positive attributes or contributions,” which include “sustained community involvement and contributions in the United States,” “family caregiving, responsibility, and ties in the United States,” “educational attainment,” “stable and lawful employment history and achievements,” “length of lawful residence in the United States,” and “compliance with tax obligations and financial responsibility in the United States.”
The memo also lists rehabilitation and reformation factors that an officer should consider for those who have committed crimes, including “rectifying overdue child support payments or other family obligations,” “compliance with probation or other conditions imposed by a court,” “community testimony from credible sources attesting to the alien’s GMC,” “reformation or mentoring those with similar past,” “full repayment of overpayment of benefits such as SSI,” and “full payment of overdue taxes.”
Both lists are limited in nature. Not only that, but there is a lack of clarity and lack of guidance as to how much of such evidence is needed and what type of evidence would be satisfactory to support one of these factors. If someone has not committed any wrongdoing, i.e., crimes or other violations, does someone still need evidence of these positive attributes? If so, how much?
On August 19, 2025, USCIS issued another policy update regarding immigration benefits on the whole – arguably including U.S. citizenship – which directs officers to take into consideration, negatively, whether “an alien has endorsed, promoted, supported, or otherwise espoused the views of a terrorist organization or group, including aliens who support or promote anti-American ideologies or activities, antisemitic terrorism and antisemitic terrorist organizations, or who promote antisemitic ideologies.” While terrorist activities have been negatively considered in an application for U.S. citizenship, the idea of someone being “anti-American” is new. What does it mean to be anti-American?
We will continue to monitor these developments with hopes of obtaining more guidance and clarity.
The above has been provided for educational purposes only. Consult your Clark Lau LLC attorney to see how the above changes may impact your circumstances.