Becoming a naturalized U.S. citizen is a significant milestone for many immigrants, offering the opportunity to fully participate in American civic life. However, the path to naturalization can be more complex for individuals who have a criminal record. While having a criminal record does not automatically disqualify someone from becoming a U.S. citizen, it can complicate the process and may lead to delays, denials, or even deportation in certain cases.
This article will help you understand how a criminal record impacts the naturalization process and provide important guidance for navigating these legal challenges.
General Requirements for U.S. Naturalization
Before diving into the specific challenges posed by a criminal record, it’s important to understand the general requirements for naturalization in the United States. To apply for citizenship, a person must typically:
- Be at least 18 years old.
- Have lawful permanent resident (green card) status for a minimum of five years (or three years if married to a U.S. citizen).
- Show continuous residence and physical presence in the U.S. during the relevant statutory period.
- Demonstrate good moral character for the statutory period, which usually covers the last five years prior to applying (or three years if married to a U.S. citizen).
- Pass the English language and U.S. civics tests unless exempt due to age or a disability.
- Pledge allegiance to the United States and renounce any foreign allegiances.
The Role of Good Moral Character in Naturalization
One of the key requirements for U.S. naturalization is that the applicant must demonstrate “good moral character” (GMC) during the statutory period. This requirement is where criminal records often come into play.
Good moral character is a broad standard, and the U.S. Citizenship and Immigration Services (USCIS) evaluates each applicant’s behavior during the statutory period. However, certain criminal offenses may lead to a presumption that an applicant does not meet this requirement.
Crimes That Bar Naturalization
Certain crimes automatically disqualify a person from naturalization. These include:
- Aggravated felonies: U.S. immigration law defines these broadly and includes crimes such as murder, rape, drug trafficking, and certain firearm offenses. A conviction for an aggravated felony after November 29, 1990, permanently bars naturalization.
- Crimes involving moral turpitude (CIMT): These are offenses that violate community moral standards and may include fraud, theft, or other acts involving dishonesty.
- Controlled substance violations: Convictions related to drug possession or trafficking can severely impact an applicant’s chances of demonstrating GMC.
- False testimony for immigration benefits: Providing false testimony with the intent of gaining immigration benefits is considered a serious offense and can result in a naturalization denial.
Crimes That May Delay or Complicate Naturalization
Not all criminal offenses lead to an outright denial of citizenship. Some may only impact the statutory period during which good moral character is evaluated. For example:
- DUI/DWI convictions: While a single DUI/DWI conviction may not necessarily bar someone from naturalization, multiple convictions can signal a lack of good moral character.
- Misdemeanors: Minor misdemeanors like petty theft or disorderly conduct may not permanently disqualify an applicant, but they may trigger additional scrutiny.
- Probation or parole: Applicants currently on probation, parole, or deferred adjudication will likely be denied naturalization because they cannot establish good moral character while serving their sentence.
Discretionary Review by USCIS
In some cases, USCIS has discretion in determining whether an applicant demonstrates good moral character. For example, even if a criminal offense is not specifically listed as a bar to naturalization, USCIS may still consider the nature of the offense, the circumstances surrounding it, and how much time has passed since the incident.
Factors that USCIS May Consider:
- Rehabilitation: Demonstrating genuine remorse, attending rehabilitation programs, and maintaining a clean record after the conviction may positively influence the officer’s discretion.
- Length of time since the offense: If the crime occurred a long time ago and the applicant has since demonstrated good moral character, USCIS may take that into consideration.
- Severity of the crime: Minor infractions may not have as significant an impact as more severe crimes, especially if they occurred outside the statutory period.
Steps to Take If You Have a Criminal Record
If you have a criminal record and are considering applying for naturalization, it’s critical to take the following steps to improve your chances of success:
- Consult with an immigration attorney: This is the most important step. An experienced attorney can help you assess your criminal record, determine the impact it may have on your case, and develop a strategy for moving forward.
- Obtain certified copies of your criminal records: You will need to provide USCIS with complete documentation of your criminal history, including certified copies of any police reports, court dispositions, and records of probation or parole.
- Prepare for full disclosure: You must fully disclose any criminal history on your naturalization application. Failing to disclose this information can lead to denial or even charges of immigration fraud.
- Provide evidence of rehabilitation: If applicable, gather evidence demonstrating that you have turned your life around, such as letters from employers, community service records, or evidence of rehabilitation programs.
- Wait until after the statutory period: If your criminal offense occurred within the statutory period, it may be wise to wait until that period expires before applying. This allows you time to establish a clean record and show good moral character.
Conclusion
Having a criminal record doesn’t automatically prevent you from becoming a U.S. citizen, but it does make the naturalization process more complicated. Each case is unique, and success often depends on the nature of the offense, the time since the crime, and your ability to demonstrate rehabilitation and good moral character.
If you have a criminal record and are considering naturalization, it’s crucial to seek guidance from a qualified immigration attorney. At ARIF LAW OFFICES, we specialize in navigating complex immigration cases, including those involving criminal records. Contact us today for personalized advice and representation to help you achieve your goal of U.S. citizenship.