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.
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CIMT CHECKLIST
This checklist is designed to provide a quick reference to the types of offenses which the Board of Immigration Appeals has found to be "Crimes Involving Moral Turpitude." This list is not exclusive and DAOs will consult with Service counsel for more in-depth information.

Crimes Against The Person

Murder/Intentional Homicide
Voluntary Manslaughter
Homicide by Reckless Conduct
Involuntary Manslaughter w/ Reckless Disregard
Attempted Murder
Kidnapping Mayhem
Assault or Attempted Murder Upon Government Officers
Carrying a Concealed Weapon w/ Intent to Use  Against the Person of Another
Assault w/ a Deadly Weapon
Assault w/ Weapon Likely to Produce Bodily Harm
Interfering w/ a Law Enforcement Officer
  w/ Use of Deadly Force
Attempting to Obstruct/Impede the Progress
  of Justice
Aggravated Assault Against a Peace Officer

Crimes Against Property

Attempted Arson
Blackmail/Extortion
Forgery
Uttering a Forged Instrument/Forged Prescription
Making False Statements of Financial Condition
Robbers'
Embezzlement
Larceny/Theft
Grand theft
Petty Theft
Receiving Stolen Property
Concealing Assets in Bankruptcy
Encumbering Mortgaged Property w/ Intent to Defraud
Fraudulently Issuing Check w/ Insufficient Funds
Fraudulently Issuing Worthless Check
Illegal use of ATM or Credit Card
Passing Forged Instrument
Attempted Fraud
Using Mails to Defraud
Making False Statements in Acquisition of Firearm
Securities Fraud
Welfare Fraud
Transporting Stolen Property
Obtaining Money by False Pretenses
Bribery
Malicious Trespass

Sexual and Family Crimes

Assault w/ Intent to Commit Abortion
Attempted Assault w/ Intent to Commit Carnal Abuse
Statutory Rape/Rape
Indecent Assault/Sexual Battery
Adultery
Bigamy
Prostitution
Sodomy
Gross Indecency
Contributing to the Delinquency of a Minor/Sexual Acts
Taking Indecent Liberties w/ a Child
Incest
Oral Sexual Perversion

Crimes Against the Government

Falsely Issuing a Narcotic Prescription
Offering a Bribe
Making, Passing, or Possessing Counterfeit Coins
Conspiracy to Violate IRS Laws
Securities Fraud
Counterfeiting
Smuggling Merchandise
Impersonating Federal Officer
False Statements/Firearm
False Statements or Entries
Harboring a Fugitive
Using False Names & Addresses to Violate Postal Laws
Uttering/Selling False/Counterfeit Immigration Documents
False Statements to Obtain a Passport
False Statements in LPR Application
Perjury
Theft from U.S. Mail
Taking Kickbacks
Receiving Funds by False Statements
Trafficking in Narcotics
Failing to Report Income
Union Official Unlawfully Accepting a Loan
Kickbacks on Government Contracts
False Statements/Selective Service
Falsely Representing Social Security Number
False Statements/Unemployment Benefits

 

 



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