Getting on the path to becoming a naturalized U.S. citizen is a big step for immigrants but there’s an important requirement along the way which is you have to show good moral character this article tackles common questions about what this means, offering clear advice for those aiming for citizenship.
Question: Will Not Paying Child Support Affect My U.S. Citizenship Application?
Answer: Not Paying Child Support Deliberately Can Cause Problems
If you have a green card and haven’t kept up with court-ordered child support, applying for citizenship gets tricky. The rules (8 C.F.R. § 316.10) say that refusing or willfully neglecting to pay child support can stop you from becoming a citizen based on moral grounds. But there’s a chance to defend yourself, especially with help from an immigration lawyer. If you can prove that you couldn’t pay, despite trying hard, and get your ex-spouse to back you up, you might still have a shot. Otherwise, waiting until your last failure to pay falls outside the period of good moral character, usually five years for most applicants, might be your best bet.
Question: Can Social Drinking Mess Up My Chances for U.S. Citizenship?
Answer: Having a Few Drinks Doesn’t Make You a “Habitual Drunkard”
The citizenship form, N-400, asks if you’re a “habitual drunkard.” This term, though old-fashioned, comes from the Immigration and Nationality Act (I.N.A.). It says you can’t prove good moral character if you were a “habitual drunkard” during the period they’re interested in but being a social drinker, someone who enjoys an occasional beer or glass of wine without causing trouble, won’t label you a “habitual drunkard” according to USCIS. So, it shouldn’t block your citizenship application just based on moral character.
Question: Can Someone Recovering from Alcoholism Become a U.S. Citizen?
Answer: Staying Sober is the Way to Go
If you’re a permanent resident who has overcome alcoholism, answer “Yes” to the habitual drunkard question on Form N-400. This doesn’t automatically disqualify you from citizenship; USCIS prioritizes your good moral character during your permanent residency, usually five years. If you can’t apply after three years (like spouses of U.S. citizens), consider waiting until you’ve been sober for the full five. Answering “Yes” requires additional evidence, such as proof of treatment and statements of responsible behavior. Staying sober and contributing positively can enhance your chances of a successful citizenship application.
What Behaviors Indicate Lack of Good Moral Character?
Certain actions can disqualify an applicant from being deemed to have good moral character:
- Criminal Convictions: Convictions for murder or aggravated felonies are permanent bars. Other serious crimes may lead to temporary bars, typically lasting five years.
- Fraudulent Behavior: Engaging in fraud, lying under oath, or failing to pay court-ordered child support can negatively impact GMC.
- Substance Abuse: Being classified as a “habitual drunkard” or violating controlled substance laws can also disqualify applicants.
- Other Offenses: Crimes involving moral turpitude, illegal gambling, and acts of terrorism are significant red flags
Exceptions to the good moral character requirement
There are exceptions to the Good Moral Character (GMC) requirement for U.S. citizenship. Here are some key points regarding these exceptions:
1. Petty Offense Exception
Applicants who have committed only one crime involving moral turpitude (CIMT) may qualify for a petty offense exception if:
- The offense is the only CIMT committed.
- The sentence for the offense was six months or less.
- The maximum possible sentence for the offense does not exceed one year.
2. Purely Political Offense Exception
Convictions for CIMTs that occurred outside the United States and were purely political offenses do not bar an applicant from establishing GMC. This exception applies to offenses committed abroad that are politically motivated.
3. Minor Marijuana Offenses
For applicants with a single offense of simple possession of 30 grams or less of marijuana, this violation generally does not count against their GMC assessment. This applies even if marijuana remains illegal under federal law, as long as it is a minor possession charge.
4. Asylum and Withholding of Removal Cases
In asylum or withholding of removal cases, GMC is not a requirement. Applicants can be granted asylum without having to demonstrate GMC, focusing instead on the circumstances they face in their home country.
5. Reform Consideration
If an applicant has past misconduct but can demonstrate significant reform and good conduct since that time, they may still be eligible for immigration benefits despite previous issues
Understanding what it means to have good moral character is crucial for those aiming to become naturalized U.S. citizens. While issues like child support and alcohol can pose challenges, they don’t have to stop you. Getting legal advice, providing the right documents, and making sure you meet the required period of good moral character can boost your chances of achieving your American dream.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for Non-Immigrant Visa or U Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
