Under immigration law, an applicant who has committed any “unlawful act” during the applicable statutory period may be found to lack the good moral character requirement for naturalization. Regulations do not require the applicant to have been charged with or convicted of the offense. USCIS issued a policy alert in December that expands existing guidance to include adding additional examples of unlawful acts and emphasizes that USCIS officers determine whether an “unlawful act” is a conditional bar on a case-by-case basis. USCIS also issued updated guidance regarding how post-sentencing changes to criminal sentences impact convictions for immigration purposes and how two or more driving under the influence (DUI) convictions affect good moral character determinations. Chin & Curtis will provide a more in-depth analysis of this new guidance in a forthcoming blog post.
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