US green card. Image for representation.
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H1B visa holders, a category of nonimmigrant visas in the United States, often aim for an US citizenship but one needs to be aware of the extensive scrutiny and requirements involved. In a recent update, the US Citizenship and Immigration Services (USCIS) directed officers to perform a more thorough evaluation of applicants' moral character.
About GMC policy
USCIS stated they they will now throw greater attention on whether an "alien" (any person who is not a US citizen or national) has engaged in any behaviour or act that disqualifies the alien from being found to be a person of good moral character.
"Becoming a naturalized US citizen means being an active and responsible member of society instead of just having a right to live and work in the United States. Among other eligibility factors, aliens applying for naturalization must demonstrate that he or she has been and continues to be an individual of good moral character (GMC)," the policy read.
Positive attributes which will be looked for
The document pointed out that USCIS take into consider and give greater emphasis on the person's positive attributes and contributions in GMC determinations. Some of the key attributes listed there revolved around law and taxes, such as "compliance with tax obligations and financial responsibility in the United States; stable and lawful employment history and achievements, and length of lawful residence in the United States."
Behaviour that will disqualify you
While determining the good moral character of the person, the officers would check and rule out any acts or behaviours that could lead to disqualification. For instance, the person would be permanently barred if they have been involved in murder, aggravated felony, crimes of violence, persecution, genocide, torture or severe violations of religious freedom, while the conditional bars to GMC lits acts 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.
Legal framework
The officers apply the preponderance of evidence standard to all naturalization requirements under INA 316(a) and 8 CFR 316.2. Earlier, they considered rehabilitative evidence, volunteer service, family responsibilities, and other positive traits in weighing GMC.
Quick checks
For H1B visa holders seeking a green card or US citizenship, the new USCIS guidelines highlight the importance of staying vigilant.
Keeping a clean legal record, having steady employment, and strong connections to family and society are now more important than ever. Showing proof of positive contributions and addressing past mistakes could be key in the citizenship process.