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The U.S. Citizenship and Immigration Services (USCIS), the federal agency that oversees the country’s legal immigration system, ordered officials this Friday to consider additional factors when determining whether immigrants who are applying for U.S. citizenship have "good moral character."
A memorandum issued by USCIS expands the evaluation of "good moral character," stating that such a determination should involve "more than a superficial mechanical review focused on the absence of misconduct."
Instead, the review, as indicated by the agency to its officials, should be "a holistic assessment of the foreigner's behavior, their adherence to social norms and their positive contributions that affirmatively demonstrate their good moral character."
Although demonstrating "good moral character" has long been one of the requirements of U.S. immigration law, and was usually met if applicants had no criminal offenses or disqualifying conduct as outlined in the law, the policy published this Friday sets a more stringent standard.
What will be evaluated?
The behavior will be evaluated in its entirety, including both positive and negative aspects.
Positive factors considered:
- Participation and contributions to the community.
- Responsibilities and family ties in the U.S.
- Educational level.
- Stable and legal employment history.
- Legal residence time in the country.
- Compliance with tax and financial obligations.
Greater scrutiny of negative behaviors:
- Permanent barriers: murder, serious crimes (aggravated felonies), genocide, torture, or persecution.
- Conditional barriers: drug-related offenses or consumption, multiple DUI convictions, immigration fraud, illegal voting, among others.
- Conducts that may not necessarily be illegal but are contrary to civic responsibility can also be assessed (for example: repeated traffic offenses, harassment, etc.).
Aspects to consider
The USCIS will also pay increased attention to ensuring that foreigners who have committed "crimes" are properly rehabilitated and reformed.
The proofs of a "genuine" rehabilitation can support a conclusion of good behavior. This includes, among others:
- Regularization of overdue child support payments or other family obligations.
- Compliance with probation or other conditions imposed by a court.
- Community testimonies from credible sources attesting to the foreigner's continued good conduct.
- Reform or mentoring for individuals with a similar background.
- Full refund of excessive payments for benefits such as SSI.
- Full payment of the overdue taxes.
Evaluation criterion
It will not be enough to demonstrate the absence of serious crimes; the applicant must provide evidence that they live according to the values and norms of American society.
The standard will be the "preponderance of the evidence": the applicant must show that it is more likely than not that they meet the requirement of good moral character.
The decision will be made on a case-by-case basis, based on the understanding that citizenship involves not only a right but also an ethical and social commitment.
Stricter requirements
The U.S. government is tightening naturalization requirements under the justification of "protecting" national security and ensuring the validity of the citizenship process.
Recent measures contribute to the ability to revoke citizenship more swiftly, even without criminal proceedings.
Through new guidelines issued by the Department of Justice (DOJ), the Trump administration has formalized a strategy that prioritizes civil denaturalization processes, reversing decades of moderate practice in this area.
The policy establishes ten priority categories for revocation, including ties to terrorism, espionage, illegal trafficking, war crimes, and other serious offenses. This measure is part of a shift in the Trump administration's immigration policy, intensifying oversight and potentially creating a "two-tier" citizenship.
These actions are part of a broader strategy of tightening immigration policies that has included a executive order to deny birthright citizenship to children of undocumented immigrants and the mobilization of troops to pursue undocumented individuals.
Frequently Asked Questions about the Strengthening of Immigration Rules in the U.S.
What changes has USCIS implemented in the evaluation of "good moral character" for citizenship?
The USCIS now requires a broader and more rigorous evaluation of the good moral character of citizenship applicants, taking into account both positive factors such as community involvement and compliance with tax obligations, as well as negative factors including serious crimes and behaviors contrary to civic responsibility.
Why is the U.S. government tightening immigration policies?
The tightening of immigration policies aims to "protect" national security and ensure the validity of the citizenship process. These measures are part of a broader strategy by the Trump administration to ramp up oversight and control of immigration, including the revocation of citizenship and restrictions on birthright citizenship.
How do these changes affect green card applicants through marriage?
The new changes involve a more rigorous scrutiny of the validity of marriages, including mandatory in-person interviews and the requirement to provide solid documentary evidence. This may lead to delays and risks of deportation for those in irregular immigration situations.
What measures has the U.S. government taken against illegal immigration?
The government has implemented a mandatory registry for illegal immigrants, with penalties for those who do not comply, and has initiated mass deportation procedures. These actions reinforce immigration control and prioritize the deportation of individuals with criminal records.
What changes are expected in the U.S. citizenship exam?
The U.S. citizenship exam will become more rigorous under the Trump administration, returning to the 2020 format which required a greater knowledge of U.S. history and civic values. This change is part of a more restrictive immigration policy.
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