Yes, you can apply for U.S. Citizenship with a criminal record. However, there are several factors that decide whether or not you are barred from applying. This guide covers all aspects of applying for U.S. citizenship with a criminal record. USCIS takes a rigorous, holistic, and comprehensive approach to good-moral-character determinations and hence careful review is important.
Can You Become a U.S. Citizen With a Criminal Record?
Having a criminal record does not make every applicant permanently ineligible for naturalization. Factors such as type of offense, date of conduct, conviction, sentence, and subsequent conduct of the applicant significantly affect an applicant’s eligibility for the application.
Establishing a good moral character is an essential part of the process and is evaluated by USCIS. However, any serious offense can permanently bar individuals from applying for U.S. citizenship.
Individuals with a criminal history must review their criminal and immigration history carefully before filing Form N-400, Application for Naturalization. It is advisable to consult a citizenship lawyer Houston and let the professionals help you evaluate whether or not the criminal record affects the naturalization process.
How a Criminal Record Can Affect Naturalization
The USCIS evaluates applicants with a criminal history for good moral character. The applicant must demonstrate GMC during a statutory period after application. In the majority of the applications, it is a period of 5 years; the time begins as soon as the naturalization application is filed till the citizenship is granted. Cases where applicants are spouses of a U.S. citizen applying for naturalisation generally have to undergo three years of statutory period.
There is no hard and fast rule that USCIS would consider only this period; it may also look into conduct outside of this period to assess the moral character of an applicant. Not all criminal conduct or records mean the U.S. citizenship application will be denied, but they may adversely affect the eligibility of an individual. It is very important to diligently review the criminal history before applying for naturalization. Taking advice from an immigration lawyer Houston will prove helpful in the effective assessment of a criminal record.
In certain
Types of Criminal Offenses That May Affect U.S. Citizenship
Aggravated felonies
A few aggravated felonies, specifically those that occur during the statutory period of naturalization, are a threat to the process and might cause a permanent barrier to proving good moral character.
Crimes involving moral turpitude
Fraud, theft, violence, or other conduct considered morally blameworthy may also affect naturalization. The effect depends on the specific offense and circumstances.
Certain controlled-substance offenses
Involvement in controlled substances negatively affects the process depending on the substance, offense, conviction, and applicable immigration law.
Domestic violence offenses
It is a threat to establishing good moral character if you are involved in domestic violence, it may also bring further legal consequences.
Multiple criminal convictions
Applicants with a pattern of involvement in repeated convictions establish raises questions about their moral character.
Fraud or offenses involving false statements
Misrepresentation or false information affects naturalization negatively.
DUI/DWI and alcohol-related offenses
Driving under the influence of alcohol or drugs is an offence that must be reported to USCIS; however, it does not make an applicant ineligible for naturalization.
Does an Arrest Affect a Citizenship Application?
An arrest and a conviction are two different things. Applicants must disclose every arrest and offense in the application, including those that did not end up in a conviction. Per USCIS instructions, you should also report arrests that were expunged or pardoned. Applicants must procure correct and accurate police records and preferably get them checked by a legal professional before filing for naturalization.
For expunged and pardoned cases, there is a clear set of instructions under USCIS's N-400 process. For applicants under probation, parole, or a suspended sentence, USCIS does not approve the application. Proper documentation proving the end of the period must be submitted along with the application.
Can You Apply for Citizenship After a Criminal Conviction?
Specific offense and circumstances are two key factors establishing the eligibility of applicants with a criminal record. Key factors that applicants must review while filing for naturalization include:
Date of offense
Date and type of conviction
Sentence imposed
Completion of probation/parole
Subsequent conduct
Immigration consequences of the conviction
Careful review is important to determine whether a criminal record affects admissibility or eligibility for naturalization.
When Should You Consult a Citizenship Lawyer?
Consulting a citizenship lawyer in Houston becomes important if you have a situation involving multiple arrests, prior immigration violations, criminal convictions, parole or probation, suspended convictions, expunged or dismissed cases. Even if you are uncertain about the information you should disclose in the naturalization application, you must seek legal guidance.
At Abbasi Immigration Law Firm Houston, we help you evaluate your legal options in case you have a criminal record. We carefully review your criminal record before applying and identify what to present and how to present your criminal record.