The use of public benefits is a factor in the U.S. Citizenship and Immigration Services (USCIS) assessment of good moral character (GMC) for N-400 applications, as explained in USCIS Policy Memorandum PM-602-0201, issued November 4, 2026.
Background
An applicant for naturalization must exhibit GMC during the relevant statutory period, which is generally five years prior to filing or three years for most applicants married to a U.S. citizen. Officers may consider conduct outside this window if it is relevant to the applicant’s current character.
If the applicant committed a crime involving moral turpitude (CIMT) or other unlawful act that adversely affect eligibility, except for some petty offenses. Fraud offenses are typically considered CIMTs. Other unlawful acts that reflect poorly on character, based on community standards, are addressed under a general provision.
Under PM-602-0201, an officer may find that an applicant does not have GMC if:
- Willfully failed or refused to provide support for any dependents.
- Fraud or deception in the obtaining, use or receipt of public benefits. Conviction not required.
- Willfully failed to provide the required support as set out in Form I-864, I-864EZ or I-864A where the support obligation was enforceable.
- Knowingly failed to furnish the support as promised on Form I-134 or Form I-134A.
- Used means tested benefits to avoid having to support themselves, for instance by working fewer hours or earning less in order to remain below an eligibility threshold with no real personal or medical reason for doing so.
What This Means for Citizenship Applicants
An effective date isn’t included on the memorandum. Before officers begin asking these questions at interviews, USCIS plans to update Policy Manual guidance and revise Form N-400.
No criminal history will not be enough; USCIS will look more closely at your finances. You will need to show child support payments for certain benefits you may be receiving and/or proof of employment/job search. If you have filled out an affidavit of support for a family member, keep in mind this can affect you when trying to become a citizen.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.