USCIS Issues Policy Updates on Good Moral Character Evaluation for Naturalization and “Anti-American” Activities in Immigration Benefit Requests

Updated September 23, 2025 to include new N-400 testing information

In August 2025 U.S. Citizenship and Immigration Services (USCIS) made several policy announcements related to good moral character and “anti-American” activities that may impact applicants seeking naturalization (citizenship) and/or other immigration benefits. In September 2025, USCIS also announced revisions to the naturalization civics exam. Details follow:

Good Moral Character for Naturalization Applications

On August 15, 2025, USCIS announced a comprehensive, totality of the circumstances approach for assessing good moral character (GMC) for naturalization applicants. Specifically, rather than simply relying on the absence of criminal offense or misconduct during the three- or five-year GMC period, USCIS officers must now weigh the applicant’s positive attributes, such as but not limited to: 

• Sustained community involvement and contributions in the U.S. 

• Family caregiving, responsibility, and ties in the U.S. 

• Educational attainment 

• Stable and lawful employment history and achievements 

• Length of lawful residence in the U.S. 

• Compliance with tax obligations and financial responsibility in the U.S. 

In evaluating the disqualifying factors, USCIS will now apply greater scrutiny and review all available documentation to determine eligibility for naturalization. 

With the new holistic approach, USCIS will also review whether applicants, who have previously engaged in wrongdoing have properly rehabilitated based on evidence including: 

• Rectifying overdue child support payments or other family obligations 

• Compliance with probation or other conditions imposed by a court 

• Community testimony from credible sources attesting to applicant’s ongoing good moral character 

• Reformation or mentoring those with similar past 

• Full repayment of overpayment of benefits such as SSI 

• Full payment of overdue taxes 

Neighborhood Investigations

In an effort to implement this higher scrutiny on GMC evaluation, USCIS announced on August 22, 2025 that for the first time since 1991, it is resuming personal investigations (also known as “neighborhood investigations”) for naturalization applicants to apply “scrutiny over an alien’s residency, good moral character, attachment to the U.S. Constitution, and disposition to the good order and happiness of the United States” as set forth in the naturalization requirements in the Immigration & Nationality Act (INA).  

If a neighborhood investigation is required, USCIS may not only send officers (FN 1) or contactors to interview neighbors, employers, co-workers, business associates, etc., but it may also request N-400 applicants to submit testimonial letters from the same. The guidance states that proactively submitting such evidence with the N-400 application filing may help USCIS determine whether a personal investigation should be waived, thereby avoiding a Request for Evidence.   

Discretionary Decisions and “Anti-American” Activities

Potentially related to the increased scrutiny on “good moral character,” on August 19, 2025, USCIS announced that officers may consider applicants’ involvement in “anti-American activities” when adjudicating the following immigration benefit requests that involve discretionary decisions.  

Under existing law, “anti-American” activities related to support of the Communist party, advocating the overthrow of the U.S. government by violence or force, etc. (FN 2) The updated USCIS policy seems to expand the statutory guidance to direct adjudicators to review whether applicants have “endorsed, promoted, supported, or otherwise espoused the views of an anti-American or terrorist organization or group, including those who support or promote antisemitic terrorism, antisemitic terrorist organizations, and antisemitic ideologies.” In cases where applicants have engaged in such activities, USCIS adjudicators are directed that they may exercise their discretion to deny the benefit requested. 

Applications types that involve discretion and may be subject to this policy include::  

1. Naturalization; 

2. Adjustment of Status (I-485) applications; 

3. EB-2 I-140 National Interest Waiver petitions; 

4. EB-5 investor petitions and applications;  

5. Requests for extension of stay, change of status, reinstatement of F or M nonimmigrant status; and 

6. Certain employment authorization requests filed under 8 CFR 274a.12(C). 

Naturalization Civics Test

Lastly, on September 23, 2025, USCIS announced it was “reimplementing the 2020 Naturalization Civics Test, which was originally announced on November 13, 2020, with some modifications (henceforth ‘2025 Naturalization Civics Test’). This 2025 Naturalization Civics Test satisfies the statutory requirement for [applicants] to demonstrate a knowledge and understanding of the fundamentals of American history, and of the principles and form of government of the United States in pursuit of naturalization. This notice does not change the English language parts of the naturalization test (reading, writing, speaking, and understanding).”

The 2025 test is required for applicants who file their naturalization applications on or after October 20, 2025. USCIS will administer a 20-question test of which the applicant had to answer 12 test questions correctly (currently, USCIS administers a 10-question test of which the applicant had to answer six questions correctly). In implementing the 2025 Naturalization Civics Test, USCIS will resume administering 20-question tests using the same bank of 128 questions and answers that it used for the 2020 Naturalization Civics Test (previously, the question bank was 100 questions). Test information and study materials may be found at this link.

Footnote 1: In September 2025, USCIS expanded its law enforcement authorities by adding special agents authorized to make arrests and carry firearms. It is not yet known whether these special agents will conduct the neighborhood checks mentioned here.  See: https://www.uscis.gov/newsroom/news-releases/uscis-to-add-special-agents-with-new-law-enforcement-authorities

Footnote 2: See INA 313(a) for definitions of anti-American activities: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1424&num=0&edition=prelim 

Claire Pratt, Tiffany Martinez & Helen Park © Jewell Stewart Pratt Beckerson & Carr PC 2025

Green Cards Extended for Naturalization Applicants

Effective December 12, 2022, USCIS updated its Policy Manual to automatically extend the validity of green cards for Lawful Permanent Residents who have applied for naturalization. Form N-400 receipt notices will include an automatic two-year extension of the green card. The receipt may be used along with the expired green card as proof of lawful permanent resident status. Given long agency processing times, this automatic extension will help applicants avoid a Form I-90 green card renewal filing. The new policy extends to all applicants who file a Form N-400 on or after December 12, 2022.

Relatedly, in September 2022, USCIS announced that applicants filing an I-90 green card renewal would receive a two-year extension printed on the receipt notice, which may be used as proof of lawful permanent resident status.

© Jewell Stewart & Pratt PC 2022

USCIS fee changes take effect October 2, 2020

09/29/2020 update:

On September 29, 2020, the U.S. District Court for the Northern District of California granted the motion for a preliminary injunction (“PI”) filed by eight nonprofit organizations in the ongoing Fee Rule litigation. The PI has a nationwide effect and bars the rule in its entirety for the duration of the litigation. Therefore, DHS may not require its new fees, forms, and other changes outlined below.

Original post:

On August 3, 2020, the Department of Homeland Security published a new rule containing numerous adjustments to U.S. Citizenship and Immigration Services’ (USCIS) filing fee schedule. In the new rule, DHS is planning on an upward adjustment of USCIS fees “by a weighted average of 20 percent.”

The rule, set to go into effect on October 2, 2020, further increases fees for many commonly used forms such as N-400 for naturalization, I-485 for Adjustment of Status (AOS), I-140 for immigrant visa petitions, and I-129 for nonimmigrant visa petitions, which will carry separate fees for each visa classification.

Other significant changes in the rule include:

• Employment Authorization (EAD) and Advanced Parole (AP) are now “unbundled” from AOS applications – meaning that each form must be filed with the corresponding fees, whereas previously when filed with a Form I-485 the EAD and AP fees were waived.

• AOS fees for children under 14 years old are now the same as the adult fee.

• Separate biometrics fees are now subsumed within the form’s fee (in most cases the separate biometrics fee is no longer required).

• Premium Processing Service (PPS) is changing to 15 business days instead of 15 calendar days.

• Forms available online have different fees for filing online vs. paper; the filing the fee will be $10 lower for applying online.

The American Immigration Lawyers Association (“AILA”) has published a searchable table of fee adjustments, located here. USCIS will be publishing new forms 30 days before the rule will take effect, and new forms are required starting October 2, 2020, with some limited exceptions.

On August 20, 2020, AILA and partners sued USCIS over the rule, claiming that the agency lacked authority to issue the rule, and that its issuance violated the Administrative Procedures Act. The litigation is ongoing as of this writing.

© Jewell Stewart & Pratt PC 2020