Policy Updates: Eligibility for Naturalization

USCIS updated policy guidance in its Policy Manual regarding applicants’ registration to vote through a state’s department of motor vehicles or other state benefit application process and the effects on an applicant’s good moral character (GMC).

This is a key development because applicants for naturalization must demonstrate GMC during the required period of time immediately before filing and up to the time they take the Oath of Allegiance.

The update is effective immediately, and provides clarifications regarding applicants who have or may register to vote through a state’s benefit application. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Below are the key takeaway points from the policy update:

• Clarifies that USCIS will not penalize an applicant who unknowingly or unwilfully registers to vote.
• Clarifies that USCIS does not consider an applicant to have unlawfully registered to vote if the applicant did not complete or sign the voter registration section (including electronic signature, if applicable) in the motor vehicle or other state benefit application.
• Clarifies that USCIS does not consider an applicant to have unlawfully claimed to be a U.S. citizen if the applicant did not affirmatively indicate that he or she is a U.S. citizen. However, if the applicant registered to vote, the applicant has the burden to prove that the registration form did not contain a question about whether the applicant is a U.S. citizen or that the applicant did not indicate, in response to the question, that he or she is a U.S. citizen.
• Clarifies that an applicant may be considered to have falsely claimed to be a U.S. citizen for the purpose of registering to vote, and therefore may lack GMC because he or she committed an unlawful act in violation law, if the applicant knowingly answered “yes” to a question asking whether he or she was a U.S. citizen in order to register to vote. This may apply even if the applicant’s registration to vote was done simultaneously with the process of a driver’s license or ID card application, or an application for other state benefits.