Good Moral Character After USCIS's August 2025 Memo: Arrests, Convictions and Naturalization

Naturalization requires good moral character during the statutory period. In August 2025 USCIS told officers to look at the whole picture of an applicant's life rather than only checking for automatic bars. For applicants with arrests, old convictions or other conduct issues, that shift matters.

The legal framework

To naturalize, an applicant must show good moral character during the required period, usually five years before filing (three for many spouses of U.S. citizens) and continuing until the oath (8 U.S.C. § 1427). INA § 101(f) lists conduct that permanently or temporarily bars a finding of good moral character, such as certain criminal convictions, confinement for an aggregate of 180 days, and giving false testimony to obtain an immigration benefit. The statute's "catch-all" clause also allows officers to find a lack of good moral character for reasons not on the list.

The detailed rules appear in Volume 12, Part F of the USCIS Policy Manual. Our articles on the legal meaning of moral turpitude and on crimes involving fraud explain how particular offenses are classified.

What the August 2025 memo changes

On August 15, 2025, USCIS issued a policy memorandum titled "Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard for Aliens Applying for Naturalization." The memo moves away from treating good moral character mainly as a checklist of disqualifying events. Officers are told to consider the totality of the applicant's conduct, including positive factors such as community involvement, family caregiving, education, stable employment, payment of taxes and rehabilitation, alongside negative conduct that may not trigger a statutory bar.

Two consequences follow. First, applicants with a clean record should still document their positive contributions, because the burden is on them. Second, applicants with arrests, dismissed charges, probation terms or old convictions should expect closer questioning. Officers may request court dispositions, police reports and proof that fines, restitution, child support and taxes were paid. A separate August 2025 memo reinstated neighborhood investigations, discussed in our article on the 2025 civics test.

Practical preparation for applicants with a record

• Obtain certified dispositions for every arrest or citation, including dismissed and expunged matters. Expungement generally does not erase a conviction for immigration purposes, and failing to disclose can itself be treated as false testimony.
• Answer every N-400 question about arrests and offenses truthfully and consistently with your records.
• Gather evidence of rehabilitation and contributions: employer letters, tax transcripts, proof of support payments, volunteer records, completion of treatment or classes.
• Have a lawyer review whether any offense could also make you removable before you file. Our guide to evidence in drug conviction cases and the article on early legal advice in moral turpitude cases explain why timing matters.

After a denial

A denied applicant may request an administrative hearing with Form N-336, generally within 30 days of the denial. If USCIS affirms, 8 U.S.C. § 1421(c) allows the applicant to seek review in federal district court, which reviews the case de novo and may hold its own hearing. This explanation of federal de novo review of an N-400 denial under § 1421(c) covers the procedure. A concrete example of how a past felony was evaluated is described in this case study on citizenship despite a prior felony. Each case is fact-specific; past results do not predict future outcomes.

Conduct that often raises questions

Beyond criminal convictions, the regulations list conduct that can lead to a finding that an applicant lacks good moral character. Under 8 CFR 316.10(b)(3), an applicant who, during the statutory period, willfully failed or refused to support dependents, or committed unlawful acts that adversely reflect on moral character, can be found to lack good moral character unless there are extenuating circumstances. Unpaid taxes, unfiled returns and unpaid child support are common examples in practice; applicants can often address them by entering into payment plans and documenting compliance before filing.

Probation and pending cases

Being on probation, parole or a suspended sentence does not automatically prevent naturalization, but under 8 CFR 316.10(c)(1) USCIS will not approve the application until the probation, parole or suspended sentence has been completed. Applicants with open criminal cases should generally wait until the case is resolved and obtain the final disposition before filing, because the outcome may affect both naturalization and removability.

Frequently Asked Questions

Does a single arrest without a conviction prevent naturalization?

Not automatically. It is not a statutory bar, but under the holistic review USCIS may consider the underlying conduct. Bring certified records showing how the matter ended.

Does expungement solve the problem?

Generally no. For immigration purposes many expunged convictions still count, and the arrest must still be disclosed.

How long do I have to appeal a denial?

Form N-336 is generally due within 30 days of the denial (33 if the decision was mailed). Check the denial notice for the exact deadline.