| Article Index |
|---|
| When moral character is an issue in naturalization |
| Page 2 |
| All Pages |
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 five years, or three years if applying based on marriage to a US citizen; (2) must be physically present for at least one-half of the five-year or three-year period; (3) must be 18 years or over; (4) must have resided for at least three months in the state where the application is filed; and (5) must meet the good moral character requirement for five 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 five 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 five years or more.
• Violating any controlled substance law of the United States, any State, or any foreign country.
• Habitual drunkenness.
• Illegal gambling.
• Prostitution.
| Comments |
|
3.26 Copyright (C) 2008 Compojoom.com / Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved."
| < Prev | Next > |
|---|
