Have you ever been convicted of a crime or arrested in the United States and are considering applying for citizenship? Are you worried if your criminal history prevents you from becoming a U.S. Citizen? If so, read on to learn how your criminal history may impact your eligibility or chances of obtaining U.S. citizenship.
Bars to US Citizenship
Any criminal history can have an impact on your eligibility for citizenship. Depending on the crime you commit, it may be a temporary bar to citizenship which you may be able to overcome to obtain citizenship. If the crime committed is more severe, it may be a permanent bar that prevents you from ever obtaining US citizenship. Your eligibility is dependent on the type of crime you have committed. Read on to learn about temporary and permanent bars to citizenship.
Temporary Bars to US Citizenship
A key part of your citizenship application is the demonstration of good moral character. Good Moral character includes whether you have a criminal history. Some crimes will result in a temporary bar to US citizenship such as prostitution, solicitation, drug possession, and minor fraud because these activities go to the question of your good moral character and whether you would be a law abiding citizen.. How long the temporary bar is depends on whether you are applying for citizenship based on 5 years of permanent residence or 3 years of permanent residence (if you are married to a U.S. Citizen).
If you have committed and have been convicted for a minor crime or are in the process of having the crime dismissed, you may want to wait until you have a dismissal or another 5 years or 3 years pass to have a lower risk of denial of your citizenship application. That said,. if you have committed crimes within the 5 or 3 year period that are temporary bars, it is possible that you can still apply and obtain citizenship by showing how you have made amends or otherwise demonstrated good moral character during the required permanent residence period. Whether that be displayed through supporting affidavits from acquaintances or through the answers provided in your citizenship application, you must demonstrate that you are otherwise a good person, a law abiding person or someone who respects the law, and is not a threat to the safety and welfare of the United States or its people.
You must keep in mind, however, that no matter how long ago a crime was committed, it is ultimately at the discretion of USCIS to decide whether or not to grant you citizenship.
Permanent Bars to US Citizenship
While there are temporary bars to US citizenship, there are also permanent bars that would prevent you from gaining US citizenship entirely. For example, if you were convicted of murder or an aggravated felony on or after November 29, 1990, you are not eligible to become a US citizen.
Aggravated felonies are defined by immigration rules and are not limited to crimes defined as felonies under state laws. What may be classified as a misdemeanor under federal law may count as an aggravated felony in some cases. Theft and crimes of violence, for example, are automatically considered aggravated felonies if you were sentenced to prison for at least a year. If you were granted citizenship before your conviction, you may be subject to deportation once the USCIS is notified of your crime.
Exceptions to Permanent Bars to US Citizenship
There are exceptions/ challenges to the permanent bars to citizenship, which include the following:
- Your offense was purely political ie) Your government prosecuted you because of a personal agenda against you; and/or
- You committed the crime as a juvenile (minor under the age of 18)
- Offenses committed as a minor that are more than five years old will not be held against you even if the offense would be considered an aggravated felony.
Disclosing Arrest Records and Criminal History
In addition to any convictions, you must report any and all arrests that are on your record. Crimes that you committed and were not arrested for and cases against you that were dismissed must be reported as well. Expunged and sealed records must also be reported. The USCIS can still see your expunged and sealed records and will likely find out about arrests even if you do not report them. Failure to report your arrests/ convictions could result in a denial of citizenship because any attempt to hide criminal history will reflect poorly on your good moral character. Therefore, it is really important that you disclose all of your criminal history and obtain all your certificates of disposition to submit with your application.
You may also be interested: The Five Key Steps to a Path to U.S. Citizenship
Conclusion
There are several different ways to approach applying for citizenship after being convicted or arrested on charges you have committed in the past. Determining whether those charges constitute a temporary or permanent bar may be a challenging task. As there is no way to predict how the USCIS will react to a criminal record, it’s best to fight back, and consult an immigration attorney to see if you can apply, if you need to wait, or if it is just better for you to continue to remain a Permanent Resident!
If you would like to learn more about how your criminal history will affect your chances of citizenship, contact us for an assessment or consultation.
