USCIS Memo Adds Child Support and Public Benefits to Citizenship Character Test
U.S. Citizenship and Immigration Services issued a Nov. 4 memo telling officers to weigh willful failure to support dependents, public benefits fraud and unmet sponsorship promises when judging good moral character for naturalization.
WASHINGTON — U.S. Citizenship and Immigration Services issued a policy memo on Nov. 4 telling officers to weigh an applicant’s family support record, public benefits history and sponsorship promises when deciding whether a person seeking citizenship has shown good moral character.
The memo, numbered PM-602-0201, says officers may find that an applicant lacks good moral character in three situations: willfully failing to support dependents; committing fraud or deception involving public benefits; and failing to meet obligations under an Affidavit of Support, in the Form I-864 family, or a Declaration of Financial Support, in the Form I-134 family. Those forms are promises, usually made by a sponsor, to support an immigrant financially.
Good moral character is a legal requirement for naturalization, the process by which a lawful permanent resident becomes a United States citizen. A finding that an applicant lacks it can lead to a citizenship application being denied, even when the person meets the other requirements, such as time in the country and the civics test.
What the memo does not change
USCIS said lawful receipt of means-tested public benefits, by itself, is not a bar to naturalization. The memo also says a denial cannot rest on poverty or disability, and that each case gets an individualized review. At the same time, a dependent’s use of means-tested benefits may count as evidence that the applicant failed to support that dependent, depending on the circumstances. The memo also covers applicants who unlawfully obtained public benefits, or helped dependents do so.
The review period officers normally examine is the five years before an application is filed. For certain spouses of United States citizens, that period is three years. The period runs through the oath of allegiance, and conduct from before that period can still be considered in some cases.
New form and guidance to follow
USCIS said it will write new guidance in its Policy Manual and revise Form N-400, the application for naturalization, to collect information about benefit use and the support of dependents. The agency gave no date for when the new guidance or the revised form will appear.
The memo builds on an Aug. 15, 2025, memo that told officers to judge good moral character on the totality of circumstances, weighing past conduct against rehabilitation and contributions. It also follows broader public-charge guidance for adjustment-of-status filings on or after Sept. 18, 2026, under which officers may weigh a wider range of means-tested public benefits.
Reporting based on coverage by Zark News and the USCIS newsroom.
