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Good Moral Character

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Good Moral Character Department of Homeland Security § 316.10 §§ 316.6–316.9 [Reserved] (iii) Violated any law of the United States, any State, or any foreign coun- § 316.10 Good moral character. try relating to a controlled substance, (a) Requirement of good moral character provided that the violation was not a during the statutory period. (1) An appli- single offense for simple possession of cant for naturalization bears the bur- 30 grams or less of marijuana; den of demonstrating that, during the (iv) Admits committing any criminal statutorily prescribed period, he or she act covered by paragraphs (b)(2) (i), (ii), has been and continues to be a person or (iii) of this section for which there of good moral character. This includes was never a formal charge, indictment, the period between the examination arrest, or conviction, whether com- and the administration of the oath of mitted in the United States or any allegiance. other country; (2) In accordance with section 101(f) (v) Is or was confined to a penal insti- of the Act, the Service shall evaluate tution for an aggregate of 180 days pur- claims of good moral character on a suant to a conviction or convictions case-by-case basis taking into account (provided that such confinement was the elements enumerated in this sec- not outside the United States due to a tion and the standards of the average conviction outside the United States citizen in the community of residence. for a purely political offense); The Service is not limited to reviewing (vi) Has given false testimony to ob- the applicant’s conduct during the five tain any benefit from the Act, if the years immediately preceding the filing testimony was made under oath or af- of the application, but may take into firmation and with an intent to obtain consideration, as a basis for its deter- an immigration benefit; this prohibi- mination, the applicant’s conduct and tion applies regardless of whether the acts at any time prior to that period, if information provided in the false testi- the conduct of the applicant during the mony was material, in the sense that if statutory period does not reflect that given truthfully it would have rendered there has been reform of character ineligible for benefits either the appli- from an earlier period or if the earlier cant or the person on whose behalf the conduct and acts appear relevant to a applicant sought the benefit; determination of the applicant’s (vii) Is or was involved in prostitu- present moral character. tion or commercialized vice as de- (b) Finding of a lack of good moral scribed in section 212(a)(2)(D) of the character. (1) An applicant shall be Act; found to lack good moral character, if (viii) Is or was involved in the smug- the applicant has been: gling of a person or persons into the (i) Convicted of murder at any time; United States as described in section or 212(a)(6)(E) of the Act; (ii) Convicted of an aggravated felony (ix) Has practiced or is practicing po- as defined in section 101(a)(43) of the lygamy; Act on or after November 29, 1990. (x) Committed two or more gambling (2) An applicant shall be found to offenses for which the applicant was lack good moral character if during the convicted; statutory period the applicant: (xi) Earns his or her income prin- (i) Committed one or more crimes in- cipally from illegal gambling activi- volving moral turpitude, other than a ties; or purely political offense, for which the (xii) Is or was a habitual drunkard. applicant was convicted, except as (3) Unless the applicant establishes specified in section 212(a)(2)(ii)(II) of extenuating circumstances, the appli- the Act; cant shall be found to lack good moral (ii) Committed two or more offenses character if, during the statutory pe- for which the applicant was convicted riod, the applicant: and the aggregate sentence actually (i) Willfully failed or refused to sup- imposed was five years or more, pro- port dependents; vided that, if the offense was com- (ii) Had an extramarital affair which mitted outside the United States, it tended to destroy an existing marriage; was not a purely political offense; or 799 VerDate Nov<24>2008 08:53 Mar 03, 2009 Jkt 217027 PO 00000 Frm 00809 Fmt 8010 Sfmt 8010 Y:\SGML\217027.XXX 217027 § 316.11 8 CFR Ch. I (1–1–09 Edition) (iii) Committed unlawful acts that conviction record of one such offense adversely reflect upon the applicant’s has been expunged. moral character, or was convicted or [56 FR 50484, Oct. 7, 1991, as amended at 58 FR imprisoned for such acts, although the 49913, Sept. 24, 1993] acts do not fall within the purview of § 316.10(b) (1) or (2). § 316.11 Attachment to the Constitu- (c) Proof of good moral character in cer- tion; favorable disposition towards tain cases—(1) Effect of probation or pa- the good order and happiness. role. An applicant who has been on pro- (a) General. An applicant for natu- bation, parole, or suspended sentence ralization must establish that during during all or part of the statutory pe- the statutorily prescribed period, he or riod is not thereby precluded from es- she has been and continues to be at- tablishing good moral character, but tached to the principles of the Con- such probation, parole, or suspended stitution of the United States and fa- sentence may be considered by the vorably disposed toward the good order Service in determining good moral and happiness of the United States. At- character. An application will not be tachment implies a depth of conviction approved until after the probation, pa- which would lead to active support of role, or suspended sentence has been the Constitution. Attachment and fa- completed. vorable disposition relate to mental at- (2) Full and unconditional executive titude, and contemplate the exclusion pardon—(i) Before the statutory period. from citizenship of applicants who are An applicant who has received a full hostile to the basic form of government and unconditional executive pardon of the United States, or who disbelieve prior to the beginning of the statutory in the principles of the Constitution. period is not precluded by § 316.10(b)(1) (b) Advocacy of peaceful change. At a from establishing good moral character minimum, the applicant shall satisfy provided the applicant demonstrates the general standard of paragraph (a) that reformation and rehabilitation oc- of this section by demonstrating an ac- curred prior to the beginning of the ceptance of the democratic, representa- statutory period. tional process established by the Con- (ii) During the statutory period. An ap- stitution, a willingness to obey the plicant who receives a full and uncon- laws which may result from that proc- ditional executive pardon during the ess, and an understanding of the means statutory period is not precluded by for change which are prescribed by the § 316.10(b)(2) (i) and (ii) from estab- Constitution. The right to work for po- lishing good moral character, provided litical change shall be consistent with the applicant can demonstrate that ex- the standards in paragraph (a) of this tenuating and/or exonerating cir- section only if the changes advocated cumstances exist that would establish would not abrogate the current Gov- his or her good moral character. ernment and establish an entirely dif- (3) Record expungement—(i) Drug of- ferent form of government. fenses. Where an applicant has had his (c) Membership in the Communist Party or her record expunged relating to one or any other totalitarian organization. An of the narcotics offenses under section applicant who is or has been a member 212(a)(2)(A)(i)(II) and section of or affiliated with the Communist 241(a)(2)(B) of the Act, that applicant Party or any other totalitarian organi- shall be considered as having been zation shall be ineligible for natu- ‘‘convicted’’ within the meaning of ralization, unless the applicant’s mem- § 316.10(b)(2)(ii), or, if confined, as hav- bership meets the exceptions in sec- ing been confined as a result of ‘‘con- tions 313 and 335 of the Act and § 313.4 viction’’ for purposes of of this chapter. § 316.10(b)(2)(iv). (ii) Moral turpitude. An applicant who § 316.12 Applicant’s legal incom- has committed or admits the commis- petency during statutory period. sion of two or more crimes involving (a) General. An applicant who is le- moral turpitude during the statutory gally competent at the time of the ex- period is precluded from establishing amination on the naturalization appli- good moral character, even though the cation and of the administration of the 800 VerDate Nov<24>2008 08:53 Mar 03, 2009 Jkt 217027 PO 00000 Frm 00810 Fmt 8010 Sfmt 8010 Y:\SGML\217027.XXX 217027.
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