Good Moral Character in N-400 Applications: Insights from USCIS and Federal Case Law

Applying for naturalization means more than passing the civics test. Every N-400 applicant must also prove good moral character (GMC) for a specific “statutory period” (generally the five years before filing, or three years if married to a U.S. citizen). USCIS evaluates GMC using the Immigration and Nationality Act (INA), federal regulations, and agency guidance—plus a healthy dose of discretion. Below is a practical guide to how officers analyze GMC today, the legal sources they rely on, and what recent case law says about common trouble spots.

The Legal Framework: INA, Regulations, and the USCIS Policy Manual

Three sources underpin every GMC decision:

• INA §101(f) lists conduct that categorically prevents a finding of good moral character (for example, certain criminal activity or giving false testimony to obtain an immigration benefit). It also includes a “catch-all” allowing officers to deny GMC for other reasons not listed. (U.S. Code) 
• 8 C.F.R. §316.10 fleshes out the rule for naturalization: murder and aggravated felonies are permanent bars, and a long list of acts during the statutory period can defeat GMC; even probation or parole may be considered. (eCFR) 
• USCIS Policy Manual, Vol. 12, Part F consolidates how officers apply statutory and conditional bars, with chapters on permanent bars, conditional bars, and examples. Recent updates emphasize both listed bars and case-by-case discretion. (USCIS) 

Bottom line: Officers start with the statute and regulations, then consult the Policy Manual to apply those rules in real life.

Permanent Bars vs. Conditional Bars

Permanent bars. If an applicant was convicted of murder at any time or an aggravated felony on/after November 29, 1990, USCIS must deny GMC—no balancing test applies. (eCFR)

Conditional bars during the statutory period. Even if there’s no permanent bar, certain acts within the statutory period (e.g., controlled-substance violations, multiple DUIs in some contexts, prostitution-related conduct, habitual drunkenness, willful failure to support dependents) can defeat GMC. The Policy Manual provides detailed, frequently updated examples. (USCIS)

Catch-all discretion. INA §101(f) ends with a clause allowing officers to find no GMC for “other reasons,” even if a case doesn’t fit neatly into a listed bar. This is where consistent, credible evidence of rehabilitation and community ties matters. (U.S. Code)

“False Testimony” and Naturalization: What the Supreme Court Says

One of the most litigated GMC issues is false testimony—did the applicant make oral statements under oath with the subjective intent to obtain an immigration benefit? If yes, GMC is barred for the statutory period under INA §101(f)(6). In Kungys v. United States (1988), the Supreme Court explained that §101(f)(6) covers false oral statements under oath intended to obtain an immigration benefit, and the text does not hinge on materiality; the focus is on intent and the fact that the statement was sworn. (Legal Information Institute)

BIA decisions and guidance reinforce that the “testimony” must be oral and under oath; written misstatements alone don’t trigger §101(f)(6), though they can still hurt credibility or trigger other grounds (like misrepresentation inadmissibility). (Justice.gov)

Practical takeaway: At the N-400 interview, tell the truth, even about uncomfortable topics. Correcting the record before the oath (or explaining prior mistakes) is far better than doubling down—false, sworn answers can doom GMC.

Recent Policy Emphasis: “Holistic” GMC Reviews

In 2025, USCIS issued policy guidance emphasizing a rigorous, holistic GMC assessment, reiterating that the agency examines conduct, adherence to law, and positive contributions during the statutory period. While the memo doesn’t rewrite the statute, it signals closer scrutiny and more documentation requests in borderline cases. (USCIS)

What that means for you: Expect officers to consider the total picture—criminal history, driving record, tax compliance, support of dependents, community service, and candor at the interview—alongside any statutory or conditional bars.

Common GMC Pitfalls in N-400 Cases (and How to Handle Them)

1. Controlled-Substance Issues. Any controlled-substance violation during the statutory period can defeat GMC (with a narrow exception for a single <30g marijuana possession in other contexts). Bring certified court records and evidence of rehabilitation; consider waiting to file until outside the statutory period if advised. (USCIS) 
2. Failure to Support Dependents. Document child support payments (or court-approved modifications). A paper trail matters when discretion is in play. (USCIS) 
3. Alcohol-Related Conduct. Multiple DUIs or evidence of habitual drunkenness can be a conditional bar. Treatment records, AA attendance, and character affidavits may help show rehabilitation. (USCIS) 
4. Tax Compliance Problems. Unfiled returns or unpaid taxes don’t appear as statutory bars, but the catch-all and discretionary analysis can sink GMC. Enter payment plans, cure deficiencies, and bring IRS transcripts to the interview. (USCIS) 
5. Lying (or “smoothing over”) at the Interview. As Kungys teaches, false sworn answers given to obtain a benefit bar GMC. If you need to clarify a past mistake, do it candidly and with documentation. (Legal Information Institute) 

How Long Do You Have to Show Good Moral Character?

For most applicants, the statutory period is five years before filing and up to the oath; for spouses of U.S. citizens, three years. But beware: conduct outside the statutory period can still be considered if it casts doubt on present character (for example, a serious crime from eight years ago with lingering implications). The Policy Manual makes clear officers may look beyond the period when warranted. (USCIS)

Evidence That Helps (and How to Present It)

Because GMC is partly discretionary, credible, consistent evidence can tip the balance:

• Certified court dispositions for every arrest/charge, with proof of completion of all terms. 
• Tax compliance: IRS transcripts, payment plans, proof of current filings. 
• Family responsibility: child support records, caregiving details. 
• Community ties: letters from employers, faith leaders, or nonprofits, showing service and stability. 
• Treatment/rehabilitation: program completion certificates, counseling letters, sobriety milestones. 

Package this evidence clearly and be ready to discuss it candidly at the interview.

Case Law on the “Catch-All” and Discretion

The Board of Immigration Appeals (BIA) has long recognized that the catch-all clause in INA §101(f) allows adjudicators to find lack of GMC even when a case doesn’t fit a specific bar. At the same time, precedent emphasizes context: not every misstep compels denial. For example, BIA has held that certain misrepresentations outside the strict terms of §101(f)(6) do not automatically preclude GMC; officers still weigh the whole record. (Justice.gov)

Translation: If you’ve made mistakes, your goal is to demonstrate rehabilitation and present moral character today, supported by objective documentation.

Practical Strategy for Borderline Cases

1. Time your filing. If a problematic event occurred inside the statutory window, consider waiting until it’s outside the period—if that’s strategically sound. Confirm with counsel against the latest guidance. (USCIS) 
2. Over-document rehabilitation. Don’t just say you changed—prove it with sustained records. 
3. Prepare for the interview. Review every N-400 answer. If you discover an error, correct it proactively with an explanation. The worst move is giving false sworn testimony. (Legal Information Institute) 
4. Mind recent policy shifts. Officers are encouraged to apply a holistic lens—use that to your advantage by showing positive community contributions. (USCIS) 

Key Takeaways

• GMC is grounded in statute (INA §101(f)), regulation (8 C.F.R. §316.10), and the USCIS Policy Manual, with room for officer discretion. (U.S. Code) 
• Murder and post-1990 aggravated felonies are permanent bars. Conditional bars during the statutory period (like controlled-substance violations) are common denial grounds. (eCFR) 
• False sworn statements to obtain an immigration benefit bar GMC for the period—materiality isn’t the focus; intent and oath are. Tell the truth at the N-400 interview. (Legal Information Institute) 

2025 guidance emphasizes a rigorous, holistic review—so positive contributions and rehabilitation can matter in close cases. (USCIS)