New USCIS Policies Increase Denials and Deportation Risks

U.S. Citizenship and Immigration Services (USCIS) has recently issued two new policy updates that give immigration officers more discretion in assessing whether naturalization applicants meet a highly-subjective requirement: being of “good moral character” (GMC).

The concept of GMC is not new. It has existed in U.S. immigration law since the 1790s. Yet, these new changes could make the path to citizenship more complex—and in some cases, riskier—for certain applicants.

Let’s review the first change…

On August 15, USCIS instructed its officers to take a deeper, more nuanced look at each applicant’s character. Instead of simply checking for the absence of disqualifying conduct, officers are now asked to evaluate the “totality of the circumstances.”

What does this mean? This includes positive factors like steady work history, community service, caregiving responsibilities, tax compliance, and long-term U.S. residence. Where’s the harm in that, you may wonder? If you can show you're a positive force in your community, that’s a win for everyone, right?

The potential problem is that this new policy also more closely scrutinizes any negative behavior. Whether an immigration applicant has shown rehabilitation or ongoing misconduct is heavily baked into the equation.

Immigrant Voter Registration Under The Microscope

On August 29, USCIS then issued its second new policy directive. The alert that addresses voter registration and false claims to U.S. citizenship. Under the new policy, any non-citizen who unlawfully registers to vote or falsely claims citizenship on a voter registration form could not only be denied citizenship, but also placed into deportation proceedings. Officers are instructed to issue a Notice to Appear (NTA) in these cases, unless a narrow legal exception applies, Elizabeth Jacobs of the Center for Immigration Studies explains.

Jacobs says these changes stem from broader efforts within the Department of Homeland Security (DHS) to increase vetting and align immigration enforcement with existing laws under the Immigration and Nationality Act (INA). Earlier this year, USCIS issued a February memo (PM-602-0187) expanding the agency’s ability to issue NTAs when applicants are found to be inadmissible or removable. Combined with the latest guidance, this signals a growing role for USCIS not just in processing applications, but also in initiating enforcement actions.

What Is “Good Moral Character” Under U.S. Law?

Let’s revisit the first policy. GMC: what exactly does it mean?

The requirement to demonstrate “good moral character” has long been part of the naturalization process. Under the Immigration and Nationality Act (INA) § 316(a), applicants must show they “have been and still are” a person of good moral character for a statutory period. This is typically five years, or three years if married to a U.S. citizen. INA § 101(f) lists specific bars to GMC, such as being a “habitual drunkard” or committing certain crimes, but also allows for discretionary denial based on “other reasons.”

A companion federal regulation, 8 C.F.R. § 316.10, expands on this with permanent and conditional bars. These include murder, aggravated felonies, and “unlawful acts” that reflect poorly on a person’s character. Importantly, the regulation confirms that officers have discretion to assess GMC on a case-by-case basis, even if an applicant doesn’t fall into a clear-cut category of disqualification.

How Might This Affect Arizona Immigrant Families?

For families in Arizona and in other states, these changes mean it’s more important than ever to seek legal guidance before applying for U.S. citizenship. Even something as seemingly minor as checking the wrong box on a voter registration form could trigger a Notice to Appear and lead to removal proceedings. Families who may have relied on tax advisors or DMV staff to assist with paperwork may now find themselves unexpectedly caught in USCIS enforcement actions; if those third parties make errors or provide incorrect advice, it can unintentionally trigger USCIS enforcement or delay immigration applications.

On the flip side, these changes also create more opportunity to present evidence of strong moral character. Long-term employment, raising children, volunteering, and even taking care of elderly relatives may now work in an applicant’s favor if other issues are present. But successfully navigating these gray areas requires legal experience and strategy.

Need Help Understanding the New USCIS Rules?

If you or someone you love is applying for naturalization, it’s important to understand the latest USCIS policy changes and how they could impact your case. At Harmony Law, we help immigrants across Arizona and the U.S. apply for citizenship with confidence. We’ll connect you with a compassionate, experienced immigration attorney who understands the (seemingly constant) shifting legal landscape, and who can help present your best case for approval. Don’t let a small mistake become a major setback. Reach out for a free case review today.

Reach out today to get the support your family deserves.

Contact Harmony Law today at (888) 427-1280 to schedule a confidential consultation and safeguard your family’s future.