It’s natural for Green Card holders to worry about how a criminal history might impact the naturalization process. However, continuously sweeping the issue aside won’t make it go away. If you’re serious about becoming a U.S. citizen, understanding how these records affect your application is the first step toward making informed decisions.
This article explains how criminal records influence the path to citizenship. Discover which crimes can raise concerns, how arrests and expunged cases factor in, and why seeking legal help from a citizenship attorney can enhance your likelihood of approval.
What Are The Requirements For U.S. Citizenship? Explained By A Citizenship Attorney
Applicants must meet specific criteria to enjoy the benefits of U.S. citizenship. To qualify for naturalization, you must be at least 18 years old and a lawful permanent resident (LPR) for at least five years before applying.
During this time, you must maintain continuous residency in the U.S. for five years without lengthy absences. Additionally, you must be physically present in the country for at least 30 months of that five years. You must also reside in the state or U.S. Citizenship and Immigration Services (USCIS) district, where you apply at least three months before filing.
You must demonstrate good moral character (GMC), which can be the most subjective and challenging requirement for some applicants. This standard applies to the five years before your application (statutory period) and continues until you take the Oath of Allegiance. This oath is a pledge of loyalty to the U.S. upon naturalization.
GMC can be particularly tricky for individuals with criminal records, as USCIS closely examines past behavior to assess moral integrity. How you meet these standards, especially the good moral character requirement, can significantly impact your chances of becoming a U.S. citizen.
How Do Criminal Records Affect Good Moral Character?
USCIS takes good moral character seriously when reviewing naturalization applications, particularly for applicants with criminal records. While the statutory period for proving GMC generally starts five years before you file for citizenship, USCIS can examine behavior beyond this period.
Past actions can impact your application if they indicate ongoing character issues. Even if a crime occurred long before you applied, it can still matter if your recent behavior shows no improvement. USCIS reviews your family life, employment record, community involvement, and other law-abiding behavior indicators to assess your reform.
Convictions significantly influence the determination of GMC. For immigration purposes, a conviction is typically a formal judgment of guilt or a guilty plea that leads to punishment. Some cases, such as pretrial diversion programs, may not count as one under immigration law, but they can still raise concerns if they indicate a pattern of misconduct.
This comprehensive criminal history review is vital to how USCIS evaluates moral character and can heavily influence the approval of citizenship applications. Understanding which behaviors USCIS scrutinizes helps you prepare for potential obstacles.
What Types Of Crimes Can Influence Your Application?
Certain crimes can permanently prevent you from establishing good moral character or conditionally bar you based on your conduct during the statutory period. Understanding the types of crimes USCIS flags is essential for applicants with an offense record.
Permanent Bars To Good Moral Character
Some crimes are so severe that they permanently prevent you from being naturalized, regardless of how much time has passed or if mitigating factors exist. They demonstrate a fundamental failure to meet the moral standards required for naturalization.
Aggravated Felony
Aggravated felonies, such as murder, rape, bribery, illicit trafficking, or sexual abuse of a minor, represent extreme violations of law and morality. In immigration law, certain offenses qualify as aggravated felonies if the court orders a minimum imprisonment term of one year or more, even if the sentence is suspended.
Crimes Against Humanity
Engaging in persecution, genocide, torture, extrajudicial killings, or severe violations of religious freedom can automatically result in citizenship denial. These offenses involve severe, systematic human rights infringements and rank among the gravest misconducts against human dignity.
These crimes lead to a permanent bar from naturalization. However, some offenses result in a temporary bar if committed within the statutory period. These provisional bars may still impact your application but may not always prevent you from proving moral behavior.
Conditional Bars For Acts In Statutory Period
Certain offenses don’t permanently disqualify you but will result in a denial if they occur within the five-year statutory period. These crimes reflect ongoing moral concerns and suggest you don’t meet the exemplary character standard for citizenship.
One or More Crimes Involving Moral Turpitude (CIMT)
A crime involving moral turpitude (CIMT) is an offense deemed morally reprehensible and inherently wrong. These crimes often involve evil intent, shock the public conscience, or demonstrate reckless disregard for societal norms, such as fraud, theft, or assault.
Committing or admitting to even one CIMT during the statutory period bars you from establishing good moral character. If multiple CIMTs are involved, only one occurring within the statutory period will result in denial.
Aggregate Sentence Of 5 Years Or More
An applicant convicted of two or more offenses with a combined sentence of five years or more during the statutory period faces a conditional bar. Even if the crimes occurred separately, their combined penalties could prevent a good moral character finding. However, political offenses outside the U.S. do not count against applicants.
Controlled Substance Violation
During the statutory period, drug-related crimes constitute serious breaches of U.S. law. Any conviction for a controlled substance violation can lead to a conditional bar. However, single offenses involving the possession of 30 grams or less of marijuana are exempted.
Imprisonment For 180 Days Or More
If you spend 180 days or more in jail or prison during the statutory period, USCIS can impose a conditional bar. USCIS focuses on the length of incarceration rather than the type of crime, as prolonged imprisonment signals a pattern of lawlessness. This criteria does not include political offenses and any subsequent jail time overseas.
Crimes Of Moral Depravity Or Social Harm
Certain offenses, deemed socially harmful or morally depraved, can prevent you from establishing moral integrity. These offenses can include giving false testimony under oath, engaging in prostitution, smuggling individuals into the country, and practicing polygamy.
Even seemingly minor actions can raise moral concerns for USCIS during the statutory period, such as gambling, habitual drunkenness, or failing to support dependents. Adultery that contributes to a marriage’s breakdown can also harm your chances.
Other Unlawful Acts
Unlawful acts can lead to a conditional bar, such as falsely claiming U.S. citizenship, unlawfully registering to vote, or voting illegally. These offenses show a blatant disregard for U.S. laws and are considered serious misconduct. Such acts can negatively impact your character’s standing unless you prove extenuating circumstances.
Knowing the difference between permanent and conditional bars allows you to assess how your past conduct might influence your citizenship application. Besides criminal convictions, arrests and expunged cases can significantly affect your naturalization journey.
Can Arrests & Expunged Cases Destroy Your Chances?
Yes, arrests and expunged cases can impact your citizenship application. Even if an arrest did not lead to a conviction, USCIS may still consider it when evaluating your good moral character. Disclosing all arrests is vital, as failing can lead to denial due to a lack of transparency.
In Texas, state law allows certain records to be expunged or sealed, but this does not eliminate the underlying conviction for immigration purposes. For example, if a controlled substance violation has been erased, USCIS still treats it as a conviction and may request court documents to review the case.
While arrests and expunged cases don’t always lead to automatic denial, they require careful handling. To avoid complications, prepare to provide all relevant details about past arrests and convictions, even if those records have been sealed or expunged.
Honesty and legal guidance are essential when addressing past offenses during naturalization. Knowing how USCIS views criminal records makes legal guidance highly valuable.
How Can An Immigration Lawyer Help With Your Application?
When a criminal record complicates your citizenship application, the right legal support can make a significant difference. The process involves strict rules, and mistakes can delay or jeopardize your application. Seasoned citizenship lawyers guide you through these complexities, ensuring you meet all legal requirements and avoid common pitfalls.
• Review Your Criminal Record: An immigration attorney examines your criminal history to identify any red flags that could impact your application. They assess how USCIS may view past offenses to help you prepare effectively.
• Strengthen Your Application: A lawyer ensures your application remains complete, accurate, and backed by the appropriate documentation. They help you build a strong case, especially if you need to provide evidence of rehabilitation or good moral character.
• Assist In Legal Proceedings Or Interviews: Legal representation proves paramount if USCIS calls you for an interview or hearing. Immigration lawyers prepare you for difficult questions and ensure you are fully ready for the process.
Choosing the proper legal support is as important as understanding your legal standing. You deserve capable hands for such a significant milestone in your life.
Why Choose Lincoln-Goldfinch Law - Abogados de Inmigracion For Your Legal Needs?
Navigating the intricacies of U.S. citizenship with a criminal history can be more manageable with the Lincoln-Goldfinch Law. Our team provides personalized guidance to address your specific concerns, whether you face a conviction, arrest, or expunged case. We support you at every step, ensuring you stay informed and confident throughout the process.
We analyze your unique situation to develop a legal strategy that maximizes your chances of success. Our team knows how to navigate the fine lines between state criminal laws and federal immigration rules, ensuring we don’t overlook anything. We focus on helping you prove good moral character so your past does not define your future.
At Lincoln-Goldfinch Law - Abogados de Inmigracion, we treat every client with dignity and respect. We maintain open, honest communication and always welcome your questions. When you trust us with your citizenship journey, you receive reliable legal support from a dedicated team that genuinely cares about your success.
Summary
Applying for U.S. citizenship with a crime history raises concerns about your good moral character. Serious convictions can create permanent or conditional bars that affect your application and make it harder to demonstrate moral integrity. An experienced citizenship attorney plays a vital role in overcoming these challenges.
Lincoln-Goldfinch Law - Abogados de Inmigracion provides the skills, knowledge, and compassionate care you need to navigate the citizenship process smoothly. Embrace your future without letting your past hold you back. Trust our skilled legal team to guide you through the next steps toward your naturalization.