What is good moral character?
The Immigration & Nationality Act (“INA”) generally provides that a person may not be naturalized unless the person “has been and still is a person of good moral character.” INA § 316(a). The INA provides many examples of behavior that disqualify a person from establishing good moral character, but does not specifically define the term. INA § 101(f). The government’s regulations leave no doubt that the standard for determining good moral character can be a subjective one. 8 CFR § 316.10(a)(2) provides that the United States Citizenship and Immigration Service (“USCIS”) “shall evaluate claims of good moral character on a case-by-case basis taking into account the elements enumerated in this section and the standards of the average citizen . . . .” The problem with using an “average citizen” standard when determining good moral character is that individual examiners will often differ on just what an average citizen would find to be good moral character. Thus, the subjective element of th
