Published: August 2025

On August 15, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum (PM-602-0188) titled “Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard for Aliens Applying for Naturalization.” This memo represents a major shift in how USCIS evaluates applicants for U.S. citizenship.

At its core, the policy returns to a “totality of the circumstances” approach when assessing whether applicants possess “good moral character” (GMC), a requirement under the Immigration and Nationality Act (INA) § 316(a)(3). Instead of reducing GMC to a checklist of disqualifying behaviors, officers are now directed to evaluate the whole person—including both negative conduct and positive contributions to American society.

This change has significant implications for millions of lawful permanent residents considering naturalization, especially in light of an administration that is looking for more reasons to reach denials rather than approvals.

What Is “Good Moral Character” in Naturalization?

The concept of good moral character has long been central to U.S. naturalization law. Under INA § 316, applicants must prove that they “have been and continue to be a person of good moral character” during the statutory period, usually the five years immediately preceding the application (or three years for certain applicants married to U.S. citizens).

But what does “good moral character” actually mean?

• Statutory Bars (Permanent): Some crimes permanently bar applicants from establishing GMC, such as murder or conviction of an aggravated felony after November 29, 1990.
• Statutory Bars (Conditional): Other conduct creates temporary bars, such as repeated DUIs, controlled substance violations, unlawful voting, or making a false claim to U.S. citizenship. These bars typically apply during the statutory period.
• Catch-All Clause: The INA also contains a broad provision allowing USCIS to find a lack of GMC even if an applicant has not committed a listed offense. This catch-all reflects the idea that good moral character is more than just avoiding serious crimes—it is a standard based on the expectations of the “average citizens of the community”.

The standard of proof for all naturalization requirements, including GMC, is preponderance of the evidence. Applicants must demonstrate it is “more likely than not” that they meet the requirement.

What the New USCIS Memo Requires

The memorandum makes clear that citizenship is more than a legal benefit in the eyes of the current administration; it is a profound transformation requiring allegiance and responsibility. Officers must assess not just the absence of misconduct but also the presence of positive character traits.

Positive Attributes USCIS Will Consider

The memo lists several positive factors that can affirmatively support GMC, including:

• Community Involvement: Volunteering, civic engagement, religious participation, and other contributions that demonstrate integration into American life.
• Family Responsibilities: Evidence of caregiving for children, elderly parents, or other dependents.
• Educational Attainment: Degrees, professional certifications, or continuing education showing commitment to self-improvement.
• Employment History: Stable, lawful work that contributes to the U.S. economy.
• Lawful Residence: A long history of lawful residence and compliance with immigration laws.
• Tax Compliance: Meeting tax obligations and financial responsibilities.

Negative Factors and Disqualifying Conduct

USCIS officers are still required to give heightened scrutiny to disqualifying behavior, including:

• Permanent bars: Murder, aggravated felonies, torture, genocide, persecution, or religious freedom violations.
• Conditional bars: Multiple DUIs, controlled substance violations, false claims to citizenship, or unlawful voting.
• Other unlawful or irresponsible acts: Even conduct not criminally prosecuted—such as reckless driving, harassment, or repeated violations of community standards—can weigh against GMC.

Rehabilitation and Reformation: A Key Consideration

Importantly, the memo recognizes that applicants who have made mistakes should have an opportunity to demonstrate rehabilitation. Examples include:

• Paying overdue child support or taxes.
• Completing probation or court-ordered conditions.
• Submitting community testimony from respected leaders.
• Mentoring others or participating in recovery programs.
• Rectifying prior misuse of public benefits.

This signals that USCIS will not treat past misconduct as an automatic disqualification if the applicant can show meaningful reform.

Practical Guidance for Applicants

With this new policy, naturalization applicants should take a more proactive role in presenting their life story to USCIS.

Build a Positive Record

• Document community service, volunteer work, and civic contributions.
• Provide evidence of family caregiving, such as medical records or affidavits.
• Highlight employment history and professional achievements.
• Ensure full compliance with tax obligations—consider obtaining IRS transcripts.

Address Negative History Head-On

• Do not hide past arrests or infractions; disclose them honestly.
• Submit documentation showing rehabilitation, such as completion of probation or repayment of debts.
• Gather letters of support from community members, employers, or educators attesting to positive character.

Work with an Attorney

• Immigration attorneys can help present a comprehensive narrative that frames both positive and negative aspects of the applicant’s history.
• Attorneys can also anticipate potential areas of scrutiny, such as DUIs or financial issues, and prepare mitigating evidence.

Why This Policy Matters

The restoration of a holistic GMC standard is more than a bureaucratic change—it reflects a recognition that citizenship is both a privilege and a responsibility.

• For applicants, it offers a chance to overcome past mistakes by showing genuine reform.
• For USCIS, it reinforces the integrity of naturalization by ensuring new citizens have demonstrated positive character.
• For communities, it ensures that future citizens are evaluated not only for legal compliance but also for their active contributions to American civic life.

What to Do If Your N-400 Is Denied

A denial of your naturalization application (Form N-400) is not necessarily the end of the road. Applicants have several options to challenge the decision:

1. File Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings
   • This is an administrative appeal of the denial.
   • You must file the N-336 within 30 days of receiving the denial notice.
   • A USCIS officer, different from the one who issued the original denial, will conduct a new hearing to review your case and any additional evidence you provide.
2. Seek Federal Court Review under INA § 310(c), 8 U.S.C. § 1421(c)
   • If the N-336 appeal is denied, you have the right to seek de novo judicial review in U.S. District Court.
   • Unlike many immigration cases, the court reviews the application from the beginning (fresh review), not just for legal errors.
   • This gives applicants a meaningful chance to present their case before an independent federal judge.

Because both N-336 appeals and federal court cases involve strict deadlines and complex legal arguments, it is highly recommended to work with an experienced immigration attorney if your N-400 has been denied.

Conclusion

The August 15, 2025 USCIS policy memorandum marks a pivotal moment in naturalization adjudications. By restoring a totality of the circumstances approach, USCIS is affirming that citizenship requires not just the absence of disqualifying conduct but the presence of positive moral character.

For applicants, this means that preparing a strong naturalization case now involves more than simply meeting statutory requirements. It requires telling the full story—how your life reflects commitment, responsibility, and integration into the United States.

At Reddy Neumann Brown PC, we help clients navigate these evolving standards, ensuring that naturalization applications highlight both compliance and contribution. If you are preparing to apply for U.S. citizenship under the new framework, we encourage you to consult with our team for tailored guidance.

By : Steven Brown

Steven A. Brown is a Partner at Reddy Neumann Brown PC, where he leads the firm’s Litigation Team, addressing delays and denials of immigration benefits, FOIA requests, and policy and regulatory challenges. Steven is dedicated to delivering practical and effective solutions for clients facing unreasonably delayed or unlawfully withheld immigration benefits, including Employment Authorization Documents (EADs), advance parole, green cards, 221(g) decisions, EB-5 delays, and other immigration-related matters. His litigation efforts were instrumental in Shergill, et al. v. Mayorkas, a landmark case that led to the U.S. government recognizing that under the INA, L-2 and E visa spouses are authorized to work incident to their status, eliminating the need for separate EAD applications. This case has transformed work authorization for thousands of families across the United States.