Conditional bars to good moral character pose significant obstacles in the path to U.S. citizenship. Unlike permanent bars, these restrictions are triggered by specific actions, offenses or circumstances during the statutory period examined for naturalization eligibility, which includes up to five years before filing until the Oath of Allegiance.
These barriers may prevent approval even for applicants who meet the basic requirements for naturalization. Understanding which actions can trigger conditional bars helps applicants navigate the complex naturalization process and avoid complications that could delay or derail their citizenship journey.
Common criminal triggers
Criminal activities during the statutory period frequently trigger conditional bars. Convictions for crimes involving moral turpitude, unless qualifying for the petty offense exception, automatically disqualify applicants. This includes offenses like aggravated assault, fraud, theft and spousal abuse. Controlled substance violations create another significant hurdle, except for simple possession of 30 grams or less of marijuana. Even without conviction, admissions to drug-related activities or certain criminal elements can trigger these bars.
Financial and civil triggers
Certain financial behaviors raise red flags during the naturalization process. Failure to file required tax returns or pay taxes, though not always resulting in denial, must undergo careful case-by-case review. Willful failure to support dependents, including unpaid child support obligations, creates another conditional bar. Additionally, aggregate prison sentences of 180 days or more, regardless of the underlying offense, can prevent establishing good moral character.
Administrative violations
False testimony under oath to obtain immigration benefits permanently affects good moral character. This includes providing misleading information during naturalization interviews or applications. Similarly, making false claims to U.S. citizenship, registering to vote unlawfully or voting in federal elections as a non-citizen triggers conditional bars. Even gambling-related offenses, including multiple gambling convictions or deriving principal income from illegal gambling, can block naturalization.
Multiple factors may trigger conditional bars simultaneously. While some exceptions exist for specific circumstances, such as purely political offenses committed abroad or certain family reunification situations, applicants should seek qualified legal guidance to understand how these conditional bars might impact their individual situations.
