• Insights

United States: Naturalization Applicants to Undergo Broader Good Moral Character Review Under New USCIS Guidance

August 20, 2025

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • In a departure from prior practice, USCIS officers will consider whether a naturalization applicant has positive attributes to support the approval of the application, not just the absence of misconduct in their background. 
  • Adjudicators are also being directed to engage in greater scrutiny of each applicant’s background and to assess whether, in the adjudicator’s discretion, an applicant’s conduct, despite being lawful, is “inconsistent with civic responsibility within a community.”
  • The new guidance could be subject to a court challenge.

The issue

Applicants for naturalization will undergo a more searching review of their background, behavior, and activity under a new U.S. Citizenship and Immigration Services (USCIS) policy memorandum on good moral character (GMC) assessments in the naturalization process. It has long been a requirement for U.S. citizenship that an applicant have good moral character, but the new policy memorandum directs USCIS adjudicators to exercise that authority in a more expansive and heightened manner. The new policy is being issued at the same time as stringent new guidelines for scrutiny of applicants for other types of immigration benefits.

Background

U.S. law directs USCIS officers to evaluate a naturalization applicant’s good moral character on a case-by-case basis. USCIS reviews conduct and character within the applicant’s qualifying naturalization statutory period (five years or three years, depending on the basis of naturalization) as well as conduct outside that period. Typically, if the applicant’s history did not contain criminal offenses or other behavior identified as problematic under U.S. immigration law, then the good moral character test was deemed satisfied. In some cases where there was a negative history – for example, failure to pay child support – rectifying the issue and providing evidence that the applicant has changed the problematic behavior has been deemed sufficient.

Traditional bars to a finding of good moral character include permanent bars, such as aggravated felonies and crimes of violence, and conditional bars (those that can be overcome), such as controlled substance violations, two or more convictions for driving under the influence (DUI), false claim to U.S. citizenship, unlawful voter registration, or unlawful voting.

The new good moral character guidelines

The new policy memorandum directs USCIS officers to place greater emphasis on whether a naturalization applicant possesses positive attributes to support approval of the naturalization application. This change suggests that an applicant may be asked to affirmatively assert good moral character factors by demonstrating qualities that USCIS considers to be positive. The memorandum lists some examples of such factors, including but not limited to sustained community involvement and contributions; family caregiving and responsibility; educational attainment and employment history; and length of lawful residence. It is not clear in what manner naturalization applicants would be required to make this showing. It could come in the form of a response to a request for evidence from USCIS, perhaps after a review of the applicant’s social media and online presence.

The policy memorandum includes in its list of disqualifying behaviors actions that, though lawful, may be deemed by the agency to be “inconsistent with civic responsibility within the community.” The guidance cites examples such as “reckless or habitual traffic infractions,” or “harassment or aggressive solicitation.”

Finally, the memorandum directs officers to focus greater attention on ensuring that applicants who have engaged in disqualifying acts are rehabilitated and reformed.

What’s next

The full impact of the new policy will not be clear until USCIS begins to issue decisions informed by the new guidance. It is likely that applicants for naturalization will be subject to a closer review of their personal history, including their social media and online presence, and may be asked to provide additional evidence to the government. Naturalization applicants attending their USCIS interview may find that adjudicators engage in more in-depth questioning and fact-finding regarding their character and behavior. As a result of the enhanced review, applicants could see longer waits for decisions, greater uncertainty and, potentially, higher rates of denial. It is also possible that the new guidelines will be challenged in court.

Fragomen is closely following the implementation of the new policy guidance and will provide updates as trends emerge. Inquiries about naturalization can be directed to the Fragomen attorney with whom you work or submitted through Fragomen’s U.S. Naturalization Contact Form.

This alert is for informational purposes only.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Biometric Update: Fragomen and SICPA Form JV to Join Digital Identity Market With End-to-End Platform

Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.

Learn more

Media mentions

Times of India: Trump Administration Eyes Tighter H-1B, Green Card and Student Visa Rules; Indians Could Be Among Most Affected

Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.

Learn more

Media mentions

World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience

In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Podcast

Summer Travel Considerations for Foreign Nationals

In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Media mentions

Biometric Update: Fragomen and SICPA Form JV to Join Digital Identity Market With End-to-End Platform

Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.

Learn more

Media mentions

Times of India: Trump Administration Eyes Tighter H-1B, Green Card and Student Visa Rules; Indians Could Be Among Most Affected

Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.

Learn more

Media mentions

World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience

In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Podcast

Summer Travel Considerations for Foreign Nationals

In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
July 10, 2026 | United StatesUnited States: TPS Employment Authorization Again Extended Briefly for Several Countries
July 10, 2026 | 🌐Biometric Update: Fragomen and SICPA Form JV to Join Digital Identity Market With End-to-End Platform
July 10, 2026 | Saudi ArabiaSaudi Arabia: Extended Grace Period for Foreign Workers in Irregular Status
July 10, 2026 | South AfricaSouth Africa: Medical Report Requirement Waived for Certain Visa Types
July 10, 2026 | United StatesTimes of India: Trump Administration Eyes Tighter H-1B, Green Card and Student Visa Rules; Indians Could Be Among Most Affected
July 10, 2026 | United StatesUnited States: TPS Employment Authorization Again Extended Briefly for Several Countries
July 10, 2026 | 🌐Biometric Update: Fragomen and SICPA Form JV to Join Digital Identity Market With End-to-End Platform
July 10, 2026 | Saudi ArabiaSaudi Arabia: Extended Grace Period for Foreign Workers in Irregular Status
July 10, 2026 | South AfricaSouth Africa: Medical Report Requirement Waived for Certain Visa Types
July 10, 2026 | United StatesTimes of India: Trump Administration Eyes Tighter H-1B, Green Card and Student Visa Rules; Indians Could Be Among Most Affected
July 10, 2026 | United StatesUnited States: TPS Employment Authorization Again Extended Briefly for Several Countries
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.