Good moral character
A self-petitioner must show good moral character, generally over the 3 years before filing. You prove it with your own sworn statement and police clearances. For spouses and children, a record does not always end the case: an act or conviction connected to the abuse may not bar you, if a waiver is available for it.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
Good moral character is an element of every self-petition: for spouses in INA 204(a)(1)(A)(iii) and (B)(ii), for children in (A)(iv) and (B)(iii), and for parents in (A)(vii). Most people meet it without difficulty. The hard cases are the ones where the abuse itself produced an arrest. The law has an answer for some of those, and this page explains it. The rules below are stated as of October 2026.
The period USCIS looks at
USCIS generally, but not exclusively, looks at the 3 years before you file. It judges character by INA 101(f) and by the standards of the average citizen in the community. It may look at earlier conduct if there is reason to, and good moral character must continue until the final decision on both the I-360 and the I-485. Fingerprint results are considered even if you did not disclose an arrest, and leaving one out can count against your candor (3 USCIS-PM D.2(G)(1), (G)(3)).
A self-petitioning child under 14 is presumed to have good moral character and need not submit evidence of it, though USCIS may still ask (3 USCIS-PM D.2(G)(2), D.4(B)).
The statutory bars: INA 101(f)
No one can be found to have good moral character who, during the period, is or was:
| Paragraph | The bar |
|---|---|
| 101(f)(1) | A habitual drunkard |
| 101(f)(3) | In the classes at 212(a)(2)(D) (prostitution), 212(a)(6)(E) (smuggling) or 212(a)(10)(A) (polygamy), or within 212(a)(2)(A), (B) or (C) for an offense committed during the period, except a single offense of simple possession of 30 grams or less of marijuana |
| 101(f)(4) | Earning income principally from illegal gambling |
| 101(f)(5) | Convicted of two or more gambling offenses |
| 101(f)(6) | A person who gave false testimony to obtain an immigration benefit |
| 101(f)(7) | Confined after a conviction for a total of 180 days or more |
| 101(f)(8) | At any time, convicted of an aggravated felony |
| 101(f)(9) | At any time, involved in Nazi persecution, genocide, torture, extrajudicial killing or severe violations of religious freedom |
Paragraph (2) has been repealed, and the list is not exclusive (INA 101(f); 8 U.S.C. 1101(f)). The Policy Manual sorts the bars into two kinds. Permanent: an aggravated felony conviction on or after November 29, 1990, or conduct under 212(a)(3)(E) or 212(a)(2)(G). Conditional: the other 101(f) bars, triggered by acts or convictions in the 3 years before filing; for these USCIS must decide whether to find good moral character anyway (3 USCIS-PM D.2(G)(3)).
Conduct outside the list can count too. Willful failure to support dependents, or other unlawful acts that reflect on character, weigh against you unless you show extenuating circumstances. A person forced into prostitution, or forced into other conduct that could make them inadmissible, may still have good moral character if not convicted of the offense (3 USCIS-PM D.2(G)(3); 8 C.F.R. 204.2(c)(1)(vii), (e)(1)(vii)).
The abuse-connected exception: INA 204(a)(1)(C)
VAWA adds a rule written for survivors. An act or conviction does not bar good moral character if it is waivable for purposes of the petition and connected to the abuse. USCIS applies it in three steps (3 USCIS-PM D.2(G)(4)):
- Is a waiver available? Would a waiver of inadmissibility or deportability be available for the act or conviction? The question is availability, not whether it would be granted.
- Is it connected to the abuse? A causal or logical relationship is enough. No coercion is needed, and the act may come before the qualifying relationship if the abuse did too.
- Discretion. Do you warrant a good moral character finding, weighing the positive and negative factors?
The exception does not name abused parents
The text of INA 204(a)(1)(C) names petitions under 204(a)(1)(A)(iii), (A)(iv), (B)(ii) and (B)(iii): abused spouses and abused children of citizens and permanent residents. It does not name (A)(vii), the abused parent of a U.S. citizen. A parent with a record is measured against INA 101(f) without this exception. See abused parent.
A conviction that has nothing to do with the abuse is measured against INA 101(f) like anyone else's. A conviction connected to the abuse, but with no waiver available, is not cured by this rule. Each case turns on the exact charge, the exact disposition, and the facts. That is why we read the court papers before anything else.
Any arrest: talk to your criminal lawyer first
If you were ever arrested or charged, here or abroad, including on the abuser's complaint, talk to your criminal lawyer before you write anything down about it. What you write in an immigration declaration can be read in the criminal case. Then read arrested or charged. A plea taken without advice about immigration can change everything, so do not accept a plea before you get that advice.
What you submit
Under 8 C.F.R. 204.2(c)(2)(v) and 3 USCIS-PM D.2(G)(3), D.4(B), the primary evidence is your own detailed affidavit plus a local police clearance or state background check for each place, in or outside the United States, where you lived six months or more in the three years before you file. Name-based checks must cover every name you have used, including a maiden name. If a clearance is unavailable, explain why. Anyone who was arrested or charged adds the arrest reports, certified dispositions and the statute's maximum penalty.
- Your affidavitA sworn statement about your character and history, including any arrest, honestly described.Always available. If there was an arrest, it is written only after your criminal lawyer has advised you.
- Police clearancesFrom each place you lived six months or more in the three years before filing.If a place will not issue one, or requesting it is unsafe, keep proof of what you asked for and why it failed. USCIS must consider any credible evidence (INA 204(a)(1)(J)).
- Certified court dispositionsFor every arrest or charge, even dismissed ones.A letter from the court clerk stating that the record cannot be found.
- Statements from people who know youEmployers, teachers, clergy, neighbors, community groups. Each should give the writer's full name, address, phone, date and place of birth, and how they know you (3 USCIS-PM D.2(G)(3)).One or two detailed letters from people who know you well are better than many short ones.
- Records of work, school, care for family, volunteeringA life lived openly.Your affidavit can describe these where no record exists.
Records the abuser created
Abusers sometimes make false reports or file cross-complaints. Under 8 U.S.C. 1367(a)(1), DHS, the Justice Department and the State Department may not make an adverse determination of admissibility or deportability using information furnished solely by the abuser or the abuser's family, unless you have been convicted of a crime listed in INA 237(a)(2). That rule does not erase an arrest record. And under USCIS Policy Alert PA-2025-34 (December 22, 2025), USCIS does not apply it to the denial of an I-360, I-751 or I-765V. On the petition, the good moral character showing rests on your own evidence. See confidentiality and protective orders.
Read next: arrested or charged, any credible evidence, writing your declaration, or the self-petition overview.
Common questions
I was arrested after the abuser called the police. Can I still file?
Possibly. Under INA 204(a)(1)(C), an act or conviction that is waivable for purposes of the petition and connected to the abuse does not bar a finding of good moral character. The statute names spouse and child petitions; it does not name petitions by abused parents. Talk to your criminal lawyer before you write anything down about the arrest, and get the final court papers for every case.
How far back does USCIS look?
Generally, but not only, the 3 years before you file. USCIS may look at earlier conduct if there is reason to, and good moral character must continue until the final decision on both the I-360 and the I-485 (3 USCIS-PM D.2(G)(1), as of October 2026).
Which police clearances do I need?
Your own detailed affidavit plus a local police clearance or state background check for each place, in or outside the United States, where you lived for six months or more in the three years before you file (8 C.F.R. 204.2(c)(2)(v); 3 USCIS-PM D.2(G)(3), as of October 2026). Name-based checks must cover every name you have used. A child under 14 is presumed to have good moral character and need not submit this evidence.
What if I cannot get a police clearance from a place I lived?
Tell us early. USCIS must consider any credible evidence under INA 204(a)(1)(J). We document what you requested, what happened, and why the record is unavailable, and we use other credible evidence in its place.
What about a charge that was dismissed?
Get the certified disposition from the court for every arrest, including dismissed ones, so the record shows exactly how each case ended. Talk to your criminal lawyer before you write anything about it, and tell us about every arrest so nothing surprises the officer.
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