Good moral character time frame..

[Mbjx3 2]

Hi everyone,thanks for reading.

Hope I can explain my question right- What is the time frame of the 5yr good moral character period that's taken into consideration when applying for naturalization for someone with a previous dismissed criminal charge?

Ex-arrested/charged on May 10th 2018

Dismissed court case on September 18th 2018.

Does my 5yr period start on May 11th or September 19th?

Or does it really matter much at all?

I hope this wasn't confusing.

**I realize this will all be included in my application, just wondering which way I stand a better chance of aproval.

[beloved_dingo 1,976]

16 minutes ago, Mbjx3 said:

Hi everyone,thanks for reading.

Hope I can explain my question right- What is the time frame of the 5yr good moral character period that's taken into consideration when applying for naturalization for someone with a previous dismissed criminal charge?

Ex-arrested/charged on May 10th 2018

Dismissed court case on September 18th 2018.

Does my 5yr period start on May 11th or September 19th?

Or does it really matter much at all?

I hope this wasn't confusing.

**I realize this will all be included in my application, just wondering which way I stand a better chance of aproval.

From USCIS:

 

One of the requirements for naturalization is good moral character (GMC). An applicant for naturalization must show that he or she has been, and continues to be, a person of good moral character. In general, the applicant must show GMC during the five-year period immediately preceding his or her application for naturalization and up to the time of the Oath of Allegiance. Conduct prior to the five-year period may also impact whether the applicant meets the requirement.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-9

 

The circumstances of the arrest, seriousness of the charge, and the circumstances of dismissal can all factor in to how this could affect your citizenship application. Are we talking some kind of minor misdemeanor or something more serious? 

[Allaboutwaiting 2,503]

A. Applicable Statutory Period

The applicable period during which an applicant must show that he or she has been a person of good moral character (GMC) depends on the corresponding naturalization provision.[1] In general, the statutory period for GMC for an applicant filing under the general naturalization provision starts 5 years prior to the date of filing.[2]

The statutory period starts 3 years prior to the date of filing for certain spouses of U.S. citizens.[3] The period during which certain service members or veterans must show GMC starts 1 or 5 years from the date of filing depending on the military provision.[4]

In all cases, the applicant must also show that he or she continues to be a person of GMC until the time of his or her naturalization.[5]

 

B. Conduct Outside of the Statutory Period

USCIS is not limited to reviewing the applicant's conduct only during the applicable GMC period. An applicant’s conduct prior to the GMC period may affect the applicant’s ability to establish GMC if the applicant’s present conduct does not reflect a reformation of character or the earlier conduct is relevant to the applicant’s present moral character.[6]

In general, an officer must consider the totality of the circumstances and weigh all factors, favorable and unfavorable, when considering reformation of character in conjunction with GMC within the relevant period.[7] The following factors may be relevant in assessing an applicant’s current moral character and reformation of character:

• Family ties and background;
• Absence or presence of other criminal history;
• Education;
• Employment history;
• Other law-abiding behavior (for example, meeting financial obligations, paying taxes);
• Community involvement;
• Credibility of the applicant;
• Compliance with probation; and
• Length of time in United States.

Edited May 3, 2023 by Allaboutwaiting

[Mbjx3 2]

5 minutes ago, beloved_dingo said:

From USCIS:

 

One of the requirements for naturalization is good moral character (GMC). An applicant for naturalization must show that he or she has been, and continues to be, a person of good moral character. In general, the applicant must show GMC during the five-year period immediately preceding his or her application for naturalization and up to the time of the Oath of Allegiance. Conduct prior to the five-year period may also impact whether the applicant meets the requirement.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-9

 

The circumstances of the arrest, seriousness of the charge, and the circumstances of dismissal can all factor in to how this could affect your citizenship application. Are we talking some kind of minor misdemeanor or something more serious? 

Thanks.

I was charged with forgery of public record,  it's class 4 felony in my state (signed my ex husband's name on jointly owned vehicle title).

[JeanneAdil 6,498]

appylying in chicago

In Illinois, forgery is usually considered a Class 3 felony. A forgery conviction is punishable by 2 to 5 years in prison and a maximum fine of $25,000. If a UPC code is forged, the offense is a Class 4 felony punishable by 1 to 3 years’ imprisonment.

[Mbjx3 2]

3 minutes ago, JeanneAdil said:

appylying in chicago

In Illinois, forgery is usually considered a Class 3 felony. A forgery conviction is punishable by 2 to 5 years in prison and a maximum fine of $25,000. If a UPC code is forged, the offense is a Class 4 felony punishable by 1 to 3 years’ imprisonment.

In Virginia is considered a class 4.

I was not convinced.My case was dismissed . Didn't have to pay any fines or jail time ect..

But I was arrested and charged.

 

[beloved_dingo 1,976]

Personally, if it were me, I would probably file after September, since that starts the period after the charge was dismissed. Just keep in mind that they can consider incidents before the 5 year period for "good moral character".

[Mbjx3 2]

3 hours ago, beloved_dingo said:

Personally, if it were me, I would probably file after September, since that starts the period after the charge was dismissed. Just keep in mind that they can consider incidents before the 5 year period for "good moral character".

Thanks a lot for you input!