Frequently Asked Questions About Meeting the Good Moral Character Requirement for Naturalized US Citizenship

Will difficulties like as drinking and failure to pay child support, which the N-400 citizenship application inquires about, cause complications with your application for US citizenship?

Can I get US citizenship if I have not paid child support?

I have a green card, but I was let off last year and haven’t been able to pay my child support since. I sometimes perform odd jobs and then pay my ex-wife what I can. What will happen if I seek for citizenship in the United States? Form N-400 asks whether I have neglected to maintain my dependents or pay alimony.

Answer: Failure to pay child support is a barrier to naturalization.

If you have “refused” or “willfully failed” to pay court-ordered child support, you are banned from gaining U.S. citizenship on moral character grounds and should contact with a lawyer before applying. (See 8 C.F.R. 316.10 for US Citizenship and Immigration Services (USCIS) rules.)

However, the rules’ phrasing pertains to circumstances in which the applicant knowingly failed to pay child support. The suggestion is that the individual could have done so but chose not to. That gives you the opportunity to demonstrate (preferably with the assistance of an expert immigration lawyer) that you did not really “refuse” or “willfully fail” to pay child support, but simply could not pay due to circumstances beyond your control.

Demonstrating that you make conscientious, earnest efforts to assist your children can improve your prospects of being granted citizenship. For example, maybe your ex-wife would be ready to sign a statement indicating your good-faith attempts to pay when feasible, as well as other specific efforts you took to guarantee the well-being of your children.

Another option (which is preferable if you are concerned that your failure may be deemed purposeful) is to demonstrate to USCIS that the positive aspects of your character outweigh the negative. In such situation, you must wait the same length of time that you must have been a permanent resident before applying for citizenship (five years for most people). The clock will not begin to run until the date of your most recent failure to submit a child support payment.

It goes without saying that if you become financially able to pay child support at some time, you should do it as quickly as possible and save the papers as proof. This will benefit your naturalization application.

Is social drinking enough to render me a “habitual drinker” and hence ineligible for US citizenship?

I’ve been a legal permanent resident for almost five years and speak English well. On Form N-400, one of the questions asks whether I am a “habitual drinker.” What exactly does this mean? I’m not an alcoholic, but I love a glass of wine or a beer with dinner and prefer to hang out with friends at the local bar on Friday evenings.

Answer: Social drinking does not turn someone into a frequent alcoholic.

For good reason, the word “habitual alcoholic” has an old-fashioned ring to it. It derives from an ancient clause of the Immigration and Nationality Act (I.N.A.) that states that no one may be deemed to have excellent moral character if they “are or were a habitual alcoholic throughout the time for which good moral character is needed to be proved.” (See I.N.A. 101(f) for further information.)

That is commonly interpreted to signify someone who is an alcoholic or drinks excessively in ways that bring them into problems, such as getting arrested for public drunkenness, disorderly behavior due to alcohol consumption, or driving while intoxicated (DUI or DWI). In fact, such charges on a person’s record are a regular method for USCIS to learn about an individual’s alcohol issue.

A social drinker who has not gotten addicted to alcohol and does not drink to the point of getting into legal problems is unlikely to be classified a “habitual drunkard” by USCIS and so should not be denied U.S. citizenship on the basis of high moral character.

Is it possible for a recovered alcoholic to get US citizenship?

I used to be a strong drinker, but I’ve been clean for four years now thanks to treatment and support. I’m also a permanent resident (through my wife) and would want to apply for citizenship in the United States. However, Form N-400 asks whether I have ever been a “habitual drinker.” Do I need to tick “Yes” to this question? And, since this is one of the concerns regarding “excellent moral character,” would I be refused citizenship?

Answer: Delaying your application may be a smart option.

Based on your description, it seems that you must mark “Yes” to this question on the Form N-400 application. This question is often asked to chronic drinkers. However, this does not necessarily imply that your citizenship will be revoked indefinitely.

The USCIS considers whether candidates demonstrate their excellent moral character throughout the requisite number of years of legal permanent residency before seeking for citizenship. Most folks have five years. Spouses of US citizens, on the other hand, may often seek for citizenship after three years. (For further information, see When Can I Apply for US Citizenship?.)

If you do not match the application criterion after three years, your needed statutory time is likely to be five years, and you should probably wait another year before applying for citizenship. That way, you’ll have been clean for five years, the whole time span that USCIS looks at.

Because you must check “Yes” to the habitual drunkard question, you should also prepare materials to accompany your application or bring with you to your citizenship interview, demonstrating the steps you’ve taken to seek treatment and, ideally, statements from counselors or group leaders attesting to your current sober and responsible behavior.