MOST people apply for a green card with the ultimate goal of becoming a US citizen someday. Certain benefits are granted to citizens that are not available to green card holders, such as the right to vote in federal elections, right to obtain citizenship for children born abroad, eligibility for federal jobs, and right to become an elected official.
The process of conferring citizenship on a person is called naturalization. To be eligible for naturalization, the following requirements must be met: (1) must be a lawful permanent resident for 5 years, or 3 years if applying based on marriage to a US citizen; (2) must be physically present for at least one-half of the 5-year or 3-year period; (3) must be 18 years or over; (4) must have resided for at least 3 months in the state where the application is filed; and (5) must meet the good moral character requirement for 5 years prior to filing the application.
Many people may have already met the five-year residency requirement but are not eligible to apply for naturalization due to moral character issues. There is no clear definition of good moral character for the purpose of an immigration proceeding. Good moral character has been interpreted to mean that your behavior meets the moral standard of the average citizen in your community. Therefore, customs and expectations relating to good moral character differ according to area.
An immigration officer has the authority to examine the applicant’s entire life and to closely scrutinize the 5 years preceding his/her naturalization application. Past actions relating to applicant’s current behavior may be discussed, although they cannot be the basis for the denial of his/her application.
The following have been given as examples by the USCIS that might demonstrate a lack of good moral character:
Any crime against a person with intent to harm.
Any crime against property or the Government that involves "fraud" or evil intent.
Two or more crimes for which the aggravated sentence was 5 years or more.
Violating any controlled substance law of the United States, any State, or any foreign country.
Habitual drunkenness.
Illegal gambling.
Prostitution.
Polygamy (marriage to more than one person at the same time).
Lying to gain immigration benefits. Failing to pay court-ordered child support or alimony payments.
Confinement in jail, prison, or similar institution for which the total confinement was 180 days or more during the past 5 years (or 3 years if you are applying based on your marriage to a US citizen).
Failing to complete any probation, parole, or suspended sentence before applying for naturalization.
Terrorist acts.
Persecution of anyone because of race, religion, national origin, political opinion, or social group.
A person who has been convicted of murder at any time, or convicted of any other aggravated felony on or after November 29, 1990 cannot establish good moral character and therefore, is barred from applying for naturalization.
The applicant must not lie. All arrests, convictions and crimes should be disclosed in the application. Even those conviction records that have been expunged must be reported. Failure to tell the truth about the applicant’s involvement in any crime could lead to the denial of his application for lacking good moral character.
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Bander Law Firm, LLP has been providing immigration services for over 15 years and has multilingual staff who can communicate effectively in Tagalog, Spanish, Sinhala, and Mandarin. Our firm provides free initial consultation on immigration matters, except criminal-related matters. Please feel free to call Bander Law Firm, LLP at 213-873-4333 to schedule your free initial consultation. To learn more about immigration concerns and read previous columns, visit www.BanderLaw.com.
( Published on January 3, 2009 in Asian Journal Los Angeles p. C2 )
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