By: Richard Hanus, Esq.
November 6, 2026
U.S. immigration law says a lawful permanent resident (AKA Green Card holder) is eligible to be considered for naturalization and become a U.S. citizen if they A) have held permanent resident status for a 5 year period (or 3 years, if married to a U.S. citizen and under certain conditions), B) demonstrate “good moral character” for that period and beyond c) satisfy “physical presence” requirements and d) pass English language and U.S. civics tests. With the release of their November 4, 2026 policy memo, US Department of Homeland Security/Citizenship and Immigration Services (DHS/CIS) cites new ways an applicant can fall short of the good moral character requirement.
It used to be that an applicant’s moral character would be considered unblemished if, during the qualifying statutory period, the applicant had a clean criminal record, paid their taxes, supported their dependents and was otherwise law abiding. Other hazards applicants must have on their radar include unlawful voter registration or voting as a noncitizen. WHAT IS NEW: per the November 4 DHS/CIS memo, in addition to a microscopic analysis of the applicant’s entire immigration history (even pre-Green Card), applicants for naturalization will now be questioned about whether they have ever submitted an Affidavit of Support in sponsoring a foreign national for US immigration status and if so, the extent to which they stood by their obligation, especially if the sponsored immigrant later became welfare dependent. Further, if the applicant themselves became dependent on public assistance, they will likely now face a long list of questions regarding whether they truly qualified or were just trying to game the system.
Importantly, it’s not the signing of an Affidavit of Support or receipt of public assistance that can present a moral character stain and be a basis to deny an Application for Naturalization. Instead, the analysis will come down to whether the applicant fulfilled all obligations on their Affidavit of Support, or whether the applicant’s dependence on public assistance came by way of an honest representation of facts and their financial picture.
If some version of any of the above naturalization application hazards are a part of your background, be sure to reach out to an experienced immigration lawyer to get their perspective before submitting your N-400 Application for Naturalization. Such a conversation will give you a sense of how your application will be greeted and whether you risk having your application denied, or even worse, being placed in removal proceedings.
As more information becomes available regarding this new policy, I will be sure to share it here along with other important immigration law developments. Be sure to sign up to receive Richard’s Blog at https://www.usavisacounsel.com/newsletter for the most up to date and accurate immigration law news.