INA § 101(f) lists bars to establishing Good Moral Character (GMC) for purposes of obtaining US Citizenship. INA §101(f) lists ten automatic bars including:
- aggravated felonies;
- controlled substance violations;
- prostitution; and
- false testimony to obtain immigration benefits.
Adjudicators also weigh discretionary factors like unpaid taxes, failure to pay child support, and selective service non-registration.
The statutory period is a floor, not a ceiling. USCIS Policy Manual Volume 12, Part F explicitly states that conduct outside the statutory period “may be considered” if it bears on whether the applicant has reformed. A controlled substance conviction from ten years before naturalization application is beyond the five-year window but can still result in a denial if the applicant fails to demonstrate rehabilitation.
The Board of Immigration Appeals and the Courts have consistently upheld USCIS discretion to weigh older conduct. In Matter of Sanchez-Linn, 20 I&N Dec. 362 (BIA 1991), the Board of Immigration Appeals ruled that an applicant who concealed prior marriages on a visa application lacked good moral character despite the false statement occurring outside the statutory period, because the pattern of dishonesty continued through the naturalization interview. The look-back window is not the end of the inquiry.
Ten Per Se Bars to Establishing Good Moral Character
Section 101(f) lists ten categories of conduct that create per se bars to good moral character findings. The statute states these bars apply if the conduct occurred “during the period for which good moral character is required.” This means that if any of these bars apply to you and they occurred in the last five years then your application for naturalization will be denied.
Aggravated felonies bar moral character permanently for immigration purposes, regardless of state rehabilitation. INA §101(a)(43) defines aggravated felony to include offenses carrying one-year sentences even when probation was granted. The term ‘felony’ is an immigration classification, not a criminal law mirror. Theft offenses with loss exceeding $10,000 qualify. Drug trafficking with any sentence imposed qualifies. Tax evasion exceeding $10,000 qualifies. There are many others.
Controlled substance violations excluding single offenses of simple possession of 30 grams or less of marijuana bar moral character. The marijuana exception applies only to possession. Distribution, cultivation, or possession with intent disqualify. Convictions for prescription medication possession without a valid prescription fall under this bar. State-legal marijuana business ownership can trigger the bar even without criminal conviction, because federal law governs immigration determinations.
Prostitution and commercialized vice include solicitation arrests even when charges were dismissed, if the administrative record establishes the conduct occurred. USCIS adjudicators frequently cite arrest reports and witness statements when criminal charges didn’t proceed.
Two or more gambling offenses with convictions bar moral character. Civil penalties and administrative violations don’t count. Criminal convictions are required. Internet poker charges prosecuted as misdemeanors in two separate years would trigger this bar.
Habitual drunkard status no longer requires multiple DUI convictions. It’s determined through a totality-of-circumstances analysis. One DUI conviction combined with treatment program enrollment, employment termination related to alcohol, or medical records documenting alcohol dependence can support a finding. The term ‘habitual’ is evaluated contextually.
False testimony to obtain immigration benefits applies when the applicant knowingly provided false information under oath to gain an immigration advantage. Omissions can qualify as false testimony when the applicant had a duty to disclose. Failing to list a prior marriage on Form I-485 when the form explicitly asks for all prior marriages. Even if that marriage ended in annulment. Constitutes false testimony.
Unlawful confinement, peonage, or involuntary servitude convictions automatically bar moral character. This includes human trafficking offenses under 18 U.S.C. §1589 and forced labor violations.
Murder, torture, and related convictions create permanent bars. Attempts and conspiracies qualify.
Persecution participation or genocide bars apply when evidence exists the applicant engaged in or assisted persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. Conviction is not required.
Totalitarian party membership within ten years preceding the application can bar moral character unless the applicant establishes the membership was involuntary or terminated before reaching sixteen years of age. The bar extends to Communist Party membership in countries where such membership conferred governmental authority.
Conditional Bars to Good Moral Character
Appendix: Conditional Bars to Establishing Good Moral Character
| Provision of INA | Conduct Prohibiting Finding of Good Moral Character | Conduct Waivable? | Waiver Provision | Criteria for Waiver |
|---|---|---|---|---|
| INA 101(f)(1) | Alien is a habitual drunkard. | No | N/A | N/A |
| INA 101(f)(3) | Alien engaged in prostitution within the past 10 years (INA 212(a)(2)(D) ground of inadmissibility). | Yes | INA 212(h)(1)(C) | Alien qualifies as abused spouse, child, or parent under INA 204(a)(1)(A)(iii), (iv), (v), or (vii) or INA 204(a)(1)(B)(ii), (iii), or (iv), and the Secretary of Homeland Security must consent to the waiver (exercise favorable discretion). |
| INA 101(f)(3) | Alien knowingly encouraged, induced, assisted, abetted, or aided another person to enter or to try to enter the U.S. in violation of law (INA 212(a)(6)(E) ground of inadmissibility). | Yes | INA 212(d)(11) | Alien seeking adjustment of status as an immediate relative or preference immigrant under INA 203(a) may qualify for a waiver only if the alien encouraged, induced, assisted, abetted, or aided only a person who at the time of such action was the alien’s spouse, parent, son, or daughter (and no other person) to enter the United States in violation of law. |
| INA 101(f)(3) | Alien came to the United States to practice polygamy (INA 212(a)(10)(A) ground of inadmissibility). | No | N/A | N/A |
| INA 101(f)(3) | Alien committed or was convicted of either a crime involving moral turpitude or a crime relating to a controlled substance that does not fall within one of the exceptions set forth at INA 212(a)(2)(A)(ii) (INA 212(a)(2)(A) ground of inadmissibility). | Yes (for CIMT; drug offense waiver only available for single offense of simple possession of 30g or less of marijuana) | INA 212(h)(1)(C) | Alien qualifies as abused spouse, child, or parent under INA 204(a)(1)(A)(iii), (iv), (v), or (vii) or INA 204(a)(1)(B)(ii), (iii), or (iv), and the Secretary of Homeland Security must consent to the waiver. |
| INA 101(f)(3) | Alien who was convicted of two or more offenses (other than purely political offenses), regardless of whether they arose out of a single scheme or the conviction was in a single trial, for which aggregate sentences to confinement were 5 years or more (INA 212(a)(2)(B) ground of inadmissibility). | Yes | INA 212(h)(1)(C) | Alien qualifies as abused spouse, child, or parent under INA 204(a)(1)(A)(iii), (iv), (v), or (vii) or INA 204(a)(1)(B)(ii), (iii), or (iv), and the Secretary of Homeland Security must consent to the waiver. |
| INA 101(f)(3) | Alien is someone who DHS knows or has reason to believe is or has been an illicit trafficker in any controlled substance (INA 212(a)(2)(C) ground of inadmissibility). | No | N/A | N/A |
| INA 101(f)(4) | Alien’s present income is derived principally from illegal gambling activities. | No | N/A | N/A |
| INA 101(f)(5) | Alien who has been convicted of two or more gambling offenses during the period for which good moral character must be established. | No | N/A | N/A |
| INA 101(f)(6) | Alien who has given false testimony for the purpose of obtaining any benefits under the INA (INA 212(a)(6)(C)(i) ground of inadmissibility). | Yes (via INA 212(a)(6)(C)(i) fraud/misrepresentation provisions; non-material false testimony is a statutory GMC bar but not a waivable act) | INA 212(i)(1) & INA 237(a)(1)(H)(ii) | Requires alien to qualify as an abused spouse, child, or parent under INA 204(a)(1)(A) or (B) and demonstrate extreme hardship to themselves or a qualifying U.S. citizen/LPR relative, or qualify for removal waiver. |
| INA 101(f)(7) | Alien, during the period for which good moral character must be established, has been confined, as a result of conviction, to a penal institution for an aggregate period of 180 days or more. | No | N/A | N/A |
Exception: False Statement/Claim to U.S. Citizenship or Voting Violations
A person who falsely claims U.S. citizenship to vote, registers to vote, or votes in violation of lawful restrictions is not barred from a good moral character finding if:
- Each natural parent is or was a U.S. citizen;
- The person permanently resided in the United States prior to attaining age 16; and
- The person reasonably believed at the time of the statement, claim, or violation that they were a U.S. citizen.