GMC Memo

The GMC Memo instructs officers to use a totality of the circumstance approach using the preponderance of evidence standard (more likely than not) to account for all of an applicant’s positive attributes, including “assimilation” and “allegiance and character,” rather than simply an absence of misconduct. According to the memo, GMC analysis should be a “holistic assessment of a [noncitizen’s] behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.” Officers are instructed to view the applicant’s burden to prove GMC as “establishing that they are worthy of assuming the rights and responsibilities of United States Citizenship.”

USCIS analysis of positive factors include, but are not limited to:

• Sustained community involvement and contributions in the United States.
• Family caregiving, responsibility, and ties in the United States.
• Educational attainment.
• Stable and lawful employment history and achievements.
• Length of lawful residence in the United States.
• Compliance with tax obligations and financial responsibility in the United States.

These factors introduce a more nuanced approach in officer discretionary decision making but do not define thresholds or metrics of what would constitute sufficient positive contributions and may lead to inconsistent adjudications. As such, practitioners may want to strategically prepare their filings to carefully consider and substantiate as many positive factors as possible to maximize the chance of an approval.

As for greater emphasis on disqualifying behavior, USCIS will look at:

• Permanent bars to GMC, such as murder, aggravated felony, crimes of violence, persecution, genocide, torture, or severe violations of religious freedom.
• Conditional bars to GMC, such as controlled substances violations, two or more convictions for driving under the influence (DUI), false claim to U.S. citizenship, unlawful voter registration, or unlawful voting.
• Any other acts that are contrary to the average behavior of citizens in the jurisdiction where aliens reside. These could be actions that, while technically lawful, may be inconsistent with civic responsibility within the community, such as reckless or habitual traffic infractions, or harassment or aggressive solicitation.
• In assessing acts that are unlawful or contrary to the average behavior of citizens of the community in which the alien resides USCIS will review all available documentation and question aliens seeking naturalization regarding the specific circumstances of their actions to determine if a particular situation or act should bar an alien from naturalization.

The term “average behavior of citizens” is not a standard that is defined in the memo. This standard is highly subjective and perhaps even geographically variable. Without a definition, it is unclear which norms are being used and how officers are trained to apply them. This unclear standard may be applied in an inconsistent manner.

In reviewing the applicants’ rehabilitation after disqualifying behaviors, USCIS will look at whether the applicant:

• Rectified overdue child support payments or other family obligations.
• Complied with probation or other conditions imposed by a court.
• Has community testimony from credible sources attesting to alien’s ongoing GMC.
• Reformed or mentored those with similar past.
• Fully repaid overpayment of benefits such as SSI.
• Fully paid overdue taxes.

In light of this guidance to officers, applicants should consider the following:

• How did the individual obtain his/her green card?
• If there are any “bad acts” in their background, what have they done to demonstrate rehabilitation such as community service, involvement with religious organizations, work achievements, etc.?
• Inquire about membership and participation in groups listed on the N-400 application, including any volunteer work for organizations and verify none are on the list of designated terrorist organizations (be sure to compare with I485 and asylum/refugee applications)
• Request tax transcripts for the applicant to provide to USCIS for the statutory period
• Determine if the applicant contributes to his/her employer, including any community service they perform for the company.
• Encourage applicants to pay overdue taxes, child support in full before applying.

One will have to decide, based on the specifics of their case, whether it would be beneficial to proactively submit evidence of GMC with the application, or wait until the interview. 

Anecdotally, some applicants are being asked why they want to become a U.S. citizen, what does citizenship mean to them, and have they done any volunteer work. This memo emphasizes that an applicant may lack GMC even if they don’t fall under the nine statutory bars. 

Neighborhood Investigations Memo

The Neighborhood Investigations Memo states that USCIS will end the general waiver of neighborhood investigations and will make the decision to conduct such investigations on a discretionary, case-by-case basis. There has been no information regarding training of officers to conduct these investigations, and no reports of investigations that have occurred thus far.

The memo indicates that investigations will not only include neighborhood inquiries, but can also include inquires of employers, co-workers, and/or business associates.

Notably, USCIS states that the applicant may be required to provide contact information for these individuals if USCIS is unable to contact them directly.

While USCIS encourages submission of testimonial letters from neighbors, employers, co-workers, and business associates with the applications, applicants should consider whether to proactively submit GMC statements to USCIS with applications, and whether doing so is appropriate in individual cases and evaluate what is happening at their local USCIS offices.