Good moral character requirement
In addition, at the interview, the applicant is required to present the original documents to the copies that accompanied Form N-400, and to present documents to establish that he or she has been a person of good moral character for at least five years prior to filing the application, and is therefore deserving of becoming a United States citizen. It should be noted that while the statutory period to establish good moral character is five years prior to filing Form N-400, USCIS can also take into consideration the applicant’s conduct and acts at any time prior to the five years, if there is a nexus to prior acts beyond the five year period and the applicant’s present good moral character.
In determining an applicant’s good moral character, USCIS will consider the following:
Whether the applicant has an arrest or conviction history in the United States. It should be noted that if an applicant has been convicted of an aggravated felony after November 17, 1990, he or she would be unable to establish good moral character and become a United States citizen. An applicant, who has been convicted for any criminal offense(s) in the United States, is required to present certified copies of the certificates of disposition to the interviewing examiner at the time of the interview for citizenship. If the applicant was convicted of a crime, or were serving a jail sentence or probation during the five-year statutory period, usually the immigration officer will deny the naturalization for failure to maintain good moral character. Minor violations or misdemeanor offenses for which an applicant has been convicted that occurred outside the statutory period, should ordinarily not bar the applicant from becoming a citizen unless such past conduct reflects on the applicant’s present conduct.
Whether the applicant has filed his or her income tax returns in the United States for the preceding five years. USCIS requires that an applicant seeking to become a citizen of the United States must establish that he or she has filed income tax returns with the Internal Revenue Service as required by law. At the interview, the examiner will expect the applicant to present copies of income tax returns and W-2 forms for the preceding five years. The examiner will retain the copies of the tax returns for the USCIS file; therefore the permanent resident applicant is reminded to make photocopies of all pages and schedules of his or her income tax returns for the interviewing examiner.
Whether a permanent resident applicant supports his/her minor children, whether they reside in or outside the United States. It should be noted that USCIS also requires proof that children born in the United States who are over the age of eighteen, were maintained by the applicant during their minor years. USCIS considers the financial support of all minor children an indicator of an applicant’s good moral character. At the interview, the applicant can present copies of court-paid receipts as evidence of the payment of child-support, notarized affidavits from the parent of the children with whom the children reside stating that the applicant always provided support for the children, copies of bank checks, money orders or western union/money gram receipts as evidence of payment for the support of the applicant’s children.
Whether a male permanent resident applicant who lived in the United States during the ages of 18 to 26, registered for selective service. At the interview, the applicant who lived in the United States as a legal permanent resident during his 18th to 26th birthday is expected to present proof of registration for selective service if so registered, or a valid explanation for non-registration if the applicant failed to register as required by law. Any applicant who willfully and knowingly failed to register for selective service will be unable to establish good moral character. If you did not know that you had to register, you are generally excused.