U.S. Citizenship and Immigration Services (USCIS) has issued a Policy Memorandum expanding how immigration officers may evaluate good moral character (GMC) when adjudicating Form N-400, Application for Naturalization, involving dependent support, public benefits, and financial sponsorship obligations.

Naturalization applicants must generally demonstrate GMC during the applicable statutory period. Under the memorandum, USCIS may find that an applicant lacks GMC based on conduct involving:

• Willful failure to support dependents: including abandoning a minor child, failing to pay any support for a dependent, or paying an amount clearly inconsistent with a court order or community standards;
• Failure to meet financial sponsorship obligations under Forms I-864, I-864EZ, I-864A, I-134, or I-134A while those obligations were in effect;
• Fraud or deception involving public benefits such as providing false information, failing to report material changes, receiving benefits while ineligible, or using multiple identities; or
• Intentional avoidance of self-sufficiency, including deliberately reducing or discontinuing work to preserve eligibility for means-tested benefits without a legitimate personal or medical reason.

The memorandum emphasizes that lawful receipt of public benefits does not, by itself, bar naturalization. Poverty, disability, and lawful benefit use cannot alone support an adverse GMC determination. Instead, officers must conduct an individualized, case-by-case review of the applicant's conduct, reasons for using benefits, efforts toward self-sufficiency, rehabilitation, positive contributions, and relevant community standards.

An applicant's dependent receiving means-tested benefits also does not automatically prevent naturalization. However, USCIS may consider that receipt as evidence of a possible failure to provide required support, depending on the circumstances. Likewise, a sponsor's failure to honor an affidavit of support may count as a negative factor, particularly if the sponsored person receives means-tested public benefits during the support period.

Importantly, fraud or deception may affect GMC even without an arrest or conviction. Conduct outside the statutory GMC period may also be considered as part of the overall assessment.

USCIS plans to incorporate this policy into its Policy Manual, issue adjudicative guidance, and revise Form N-400 to request additional information concerning dependent support and public-benefit use. Naturalization applicants should therefore expect increased questioning and scrutiny regarding these issues.