What Is Good Moral Character for Immigration? A Complete Guide

When it comes to U.S. immigration, proving “good moral character” is a crucial requirement for many applications. But what does it actually mean? According to the United States Citizenship and Immigration Services (USCIS), good moral character is defined as “character which measures up to the standards of average citizens of the community in which the applicant resides.” However, USCIS doesn’t provide a clear, all-encompassing definition. Instead, its policies outline what does not qualify as good moral character, leaving the burden of proof on you.

Why Does Good Moral Character Matter in Immigration?

Good moral character is a key factor for various immigration benefits, including U.S. citizenship and certain forms of discretionary relief. Immigration officers and judges rely on their discretion to approve or deny applications, so it’s up to applicants to provide enough evidence to prove they meet the standard.

Examples of What Negates Good Moral Character

Certain actions or behaviors can automatically disqualify you from being considered of good moral character. Common examples include:

• Being convicted of a crime.
• Habitual gambling or earning a living through gambling.
• Being labeled a “habitual drunkard”.
• Having an extramarital affair that destroyed a marriage.

Even if none of these apply to you, keep in mind that the absence of negative behavior doesn’t automatically mean you’ll qualify. The burden of proof still lies with you.

Who Needs to Prove Good Moral Character?

Proving good moral character often comes up in several immigration scenarios, including:

• Naturalization: Legal Permanent Residents (green card holders) seeking U.S. citizenship must provide at least five years of history.
• Removal Defense: Applicants for Cancellation of Removal must demonstrate good moral character.
• Extreme Hardship Waivers: Applications for waivers like I-601 or I-212 often require proof.
• VAWA Self-Petitioners: Applicants under the Violence Against Women Act (VAWA) must prove good moral character.
• Discretionary Relief: Any immigration benefit requiring discretion.

How to Prove a Clean Record for Immigration

If you’ve never been arrested or convicted of a crime, here’s how to prove it:

1. FBI Background Check: Submit a request for an FBI background check using a fingerprint card from a live scan location. Note that processing can take up to 12 weeks.
2. Police Clearance Letters: Obtain a clearance letter from every place you’ve lived in the past five years. In California, for example, you can request a “criminal clearance letter” from the California Department of Justice.

If you’ve lived abroad, you’ll need to get a Certificate of Non-criminal Record from your country of residence. The U.S. State Department provides information on which documents are required for each country.

What to Do If You Have a Criminal Record

If you’ve been arrested or convicted, you must submit certified copies of all related documents, such as:

• Police reports.
• Certified court records.
• Documentation of completed parole, probation, or community service.

The government will evaluate your negative history against the positive contributions you’ve made. To improve your chances, you’ll need to provide evidence of being a valuable member of your community, such as:

• Declarations or testimonies from friends, neighbors, employers, or colleagues.
• Records of volunteer work or community service.
• Letters of recommendation.
• Awards or recognitions.

How to Prepare for Future Immigration Applications

Proving good moral character isn’t just about avoiding trouble. It’s also about building a case that shows you’re a positive influence in your community. Start preparing today by:

• Joining organizations or participating in fundraisers.
• Volunteering regularly and asking for letters of acknowledgment.
• Keeping a record of your contributions, whether professional, charitable, or personal.
• Asking for recommendation letters from employers, colleagues, or community leaders.

Final Thoughts

Proving good moral character can be complex, especially when dealing with immigration applications that require discretion. If you’re unsure about how to submit evidence or navigate the process, consult with an experienced immigration attorney. They can help you gather the right documents, develop a strong case, and meet USCIS deadlines.

Have questions about good moral character? Contact us today to get the guidance you need!