On August 15, 2025, United States Citizenship and Immigration Services (USCIS) issued a policy memo outlining additional and unprecedented criteria to establish eligibility for applicants applying for U.S. citizenship. To date, the establishment of good moral character has included furnishing evidence regarding complying with tax filing requirements and child support court orders, avoiding criminal activity and other charges that might disqualify one from eligibility for U.S. citizenship. The new requirements are vague and are not statutory; rather, they are subjective determinations to be made on a case-by-case basis by individual Immigration Examiners.
The new requirements include:
- Emphasizing a holistic approach to evaluating applicants. USCIS will consider past misconduct, but also the positive attributes of the applicant and their contributions to the community. Factors that may be considered could include:
- Community involvement: Engaging in civic or volunteer activities;
- Family caregiving: Supporting dependents and family responsibilities;
- Educational attainment: Achieving a high level of education;
- Stable and lawful employment: Maintaining a stable job and paying taxes;
- Letters of support: Receiving letters from employers, teachers, faith leaders, or community mentors.
None of these heightened criteria are statutory. Should USCIS determine an applicant is not eligible for U.S. citizenship based on these factors, an appeal to federal court will be the next step.
“Anti-American” views will be scrutinized for those applying for U.S. Immigration benefits
In an August 19th Policy Memorandum, USCIS indicated that applicants for adjustment of status in the United States filing for benefits as beneficiaries of employment-based petitions will be subject to additional scrutiny regarding their compliance with U.S. immigration laws, and in addition, will be questioned regarding their conduct relating to their support or promotion of anti-American activities, antisemitic terrorism, affiliation with antisemitic terrorist organizations and antisemitic ideologies.
The provisions of the Immigration and Nationality Act relating to eligibility for adjustment of status have always indicated that the grant of permanent benefits is discretionary and the standard good moral character and lack of criminal record requirements will remain in place. This policy memorandum will apply to all employment-based benefit applicants, and to EB5 Applicants for U.S. permanent residence.
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