Every naturalization applicant must show good moral character. For applicants with arrests or convictions, that requirement decides the case, and filing the application can expose a deportable conviction. This guide summarizes the bars as they stand in October 2026.
Table of Contents
The statutory period
Section 316(a) of the INA, 8 U.S.C. § 1427(a), requires good moral character during the five years before filing (three years for many spouses of U.S. citizens) and until the oath. USCIS may also consider conduct before the period. The regulation at 8 C.F.R. § 316.10 lists the bars and allows a finding of no good moral character based on unlawful acts in some circumstances.
Permanent bars
Section 101(f) of the INA, in 8 U.S.C. § 1101(f), sets out who cannot be found to have good moral character. Two bars are permanent: a conviction for murder, and a conviction for an aggravated felony on or after November 29, 1990. The USCIS Policy Manual chapter on permanent bars explains them.
Conditional bars during the period
Other bars apply if the conduct or conviction falls within the statutory period. They include, among others, being confined as a result of conviction for 180 days or more, committing certain controlled substance offenses (with an exception for a single offense of simple possession of 30 grams or less of marijuana), crimes involving moral turpitude, and giving false testimony to obtain an immigration benefit. The Policy Manual chapter on conditional bars lists them in detail.
The link to Matter of A-V-O-
In September 2026 the Board of Immigration Appeals used the permanent aggravated felony bar to decide a different question. In Matter of A-V-O-, it reasoned that a person convicted of an aggravated felony is permanently barred from naturalization and therefore "ineligible to citizenship," which makes the person inadmissible as an immigrant. The rule applies prospectively to pleas and verdicts after September 17, 2026.
The removal risk
Naturalization does not cure deportability. An officer reviewing an N-400 may find that a resident is removable because of a conviction and refer the case for removal proceedings. Before filing, a resident with any criminal history should check whether the conviction falls within a deportability ground; see how green card holders become deportable.
Practical steps
- Obtain certified dispositions for every arrest and citation, including dismissed and sealed cases.
- Answer every criminal history question accurately; see how to answer criminal history questions.
- Time the application so that conditional bars fall outside the statutory period, when the law allows.
- Review good moral character explained and what happens after you file the N-400 in New York.
- If the application stalls, see naturalization delays with an arrest record and N-400 mandamus.
Older convictions outside the period
Conduct before the statutory period can still be considered when it is relevant to present moral character, and USCIS may weigh evidence of rehabilitation. Applicants with older convictions should prepare proof of how their lives have changed: steady employment, family responsibilities, completed treatment, community ties and compliance with every court order. Because these decisions are made case by case, two applicants with similar records can receive different results.
Related Guides on This Site
See also N-400 Delays in 2025 How Backlogs Can Derail Your Citizenship Timeline. See also N-400 Processing Delays Explained What Smart Applicants Do Differently. See also Why Your N-400 Application is Stalled and Proven Ways to Speed It Up.
Disclosure: Criminal Immigration Law collaborates with the law firm that publishes Mandamus.com and N600K.com; some articles link to their guides. General information only, not legal advice.
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