Naturalization applicants are required by law to appear in person before
an INS District Adjudications Officer (DAO, formerly called an Immigration
Examiner) for an "examination under oath."
District Adjudications Officers (DAO) must make a determination whether the applicant possesses the requisite GMC for purposes of naturalization. In making this determination, DAOs will primarily focus on the 5-year statutory period prior to filing of the N-400 application. Part 7 of the N-400, entitled
Additional Factors of Eligibility has 15 questions which contain most
of the grounds for finding a lack of GMC. In addition, DAOs "should
always ask" the applicant the following questions, if applicable:
Have you ever failed to pay, or refused to pay, alimony, or failed to
comply with a court order to pay alimony?
Have you ever failed to pay, or refused to pay, child support or failed
to comply with a court order to pay child support?
If an applicant admits to having committed or been arrested, sentenced,
or convicted for any crimes or offenses in violation of the law, or if
the file contains evidence of any crimes or offenses, DAOs will focus
on the number and type of offenses to determine whether the applicant
lacks GMC based on this evidence.A person will always lack GMC if, during
the 5-year statutory period, he has committed one or more "crimes
involving moral turpitude"(CIMT). The most common definition of a
CIMT is "an act of baseness, vileness or depravity in the private
and social duties which a man owes to his fellow men or to society in
general, contrary to the accepted and customary rule of right and duty
between man and man."
Attached is a checklist of some of the crimes or offenses that fall under
the CIMT category. If the applicant gives an affirmative response to any
of the questions involving GMC in Part 7 (Questions No. 8, 9, 12, and
15) or if the cases involves CIMTs, DAOs will refer the applicant to a
secondary officer for a traditional interview format.
Crimes Against The Person
Crimes Against Property
Sexual and Family Crimes
Crimes Against the Government
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