Applying for U.S. citizenship is an exciting milestone for many immigrants, but it can also be a complex process, especially if you have a criminal record. One of the key requirements for naturalization is demonstrating “good moral character,” and past legal issues can raise concerns about your eligibility. However, having a criminal record doesn’t automatically disqualify you from becoming a U.S. citizen.
What Is “Good Moral Character” in the Naturalization Process?
When applying for U.S. citizenship through naturalization, applicants are required to show that they have “good moral character.” This is a broad concept that involves demonstrating honesty, respect for the law, and adherence to societal values. U.S. Citizenship and Immigration Services (USCIS) evaluates an applicant’s moral character over a specified period of time, generally the five years preceding the application (three years if you’re married to a U.S. citizen).
While certain criminal offenses can result in an automatic denial of your application, others may not disqualify you, especially if they occurred outside the statutory period or were less severe. Let’s take a closer look at how different types of criminal records may impact your eligibility for naturalization.
Crimes That Automatically Disqualify You from U.S. Citizenship
Certain criminal convictions are considered “aggravated felonies” or “crimes involving moral turpitude” (CIMT) under U.S. immigration law. These types of offenses can automatically disqualify you from naturalization and may even lead to deportation. Examples include:
- Aggravated felonies such as murder, rape, or sexual abuse of a minor
- Drug trafficking or violent crimes
- Fraud or tax evasion involving significant financial loss
- Crimes involving moral turpitude, such as theft or fraud
If you have been convicted of any of these offenses, it is likely that your application for U.S. citizenship will be denied. In some cases, individuals with these convictions may be subject to removal proceedings, even if they have been legal permanent residents (green card holders) for many years.
Can Misdemeanors Affect Your Naturalization Application?
While aggravated felonies and serious crimes are more likely to disqualify you from naturalization, not all criminal offenses carry the same weight. Misdemeanor offenses, such as minor theft, disorderly conduct, or certain traffic violations, may not automatically bar you from citizenship. However, these offenses can still impact your application, particularly if they occurred within the statutory period for good moral character.
If you have a misdemeanor on your record, USCIS will consider the nature of the offense, the number of offenses, and whether you have demonstrated rehabilitation since the incident. A single, minor misdemeanor that occurred several years ago may not prevent you from becoming a citizen, especially if you have taken steps to improve your behavior and have no other legal issues.
What About DUI or Drug-Related Convictions?
Driving under the influence (DUI) and drug-related convictions are two types of offenses that frequently raise questions during the naturalization process. While a single DUI conviction does not necessarily disqualify you from citizenship, it can still be a red flag for USCIS. Multiple DUI convictions, or a DUI combined with other offenses, could suggest a lack of good moral character and result in a denial.
Drug-related offenses, on the other hand, are treated more seriously under U.S. immigration law. Even minor drug convictions, such as possession of marijuana, can have negative consequences for your citizenship application. However, there may be exceptions depending on the circumstances, such as expunged records or states where marijuana has been legalized. It’s essential to consult an attorney if you have a drug-related offense on your record, as this area of law can be complex and evolving.
How USCIS Evaluates Criminal Records During the Application Process
When USCIS reviews a naturalization application, they take several factors into account when evaluating an applicant’s criminal record. These factors include:
- The severity of the offense
- When the offense occurred (inside or outside the statutory period)
- Whether the applicant has multiple offenses
- Whether the applicant has demonstrated rehabilitation or remorse
If the crime occurred outside the statutory period, USCIS may be more lenient, especially if you have maintained a clean record since the incident. However, serious offenses or patterns of criminal behavior can still be grounds for denial, even if they happened long ago. It is important to be honest and transparent about your criminal history when applying for naturalization, as failure to disclose an offense can result in denial and other consequences.
What Steps Can You Take If You Have a Criminal Record?
If you have a criminal record but want to apply for U.S. citizenship, there are steps you can take to improve your chances of success:
- Consult an immigration attorney: Before filing your naturalization application, it’s crucial to speak with an experienced immigration attorney who can assess your situation and provide guidance on how to proceed.
- Gather documentation: You will need to provide USCIS with documentation related to your criminal record, such as court records and proof of sentence completion. It’s essential to be transparent and submit all required information.
- Demonstrate rehabilitation: If your offense occurred several years ago, you can improve your chances by showing evidence of rehabilitation, such as completion of a rehabilitation program, steady employment, or involvement in community service.
- Seek expungement if possible: In some cases, you may be able to have your criminal record expunged, which can improve your eligibility for naturalization. An attorney can help you determine whether this is an option for your case.
Why You Need an Immigration Attorney
Having a criminal record makes the naturalization process more challenging, but it doesn’t necessarily mean you’re ineligible for U.S. citizenship. By working with an experienced immigration attorney, you can increase your chances of a positive outcome. An attorney will help you understand the impact of your criminal record, gather the necessary documentation, and present a strong case to USCIS.
At the Hanlon Law Group, our dedicated naturalization and citizenship attorneys have extensive experience helping clients with criminal records apply for U.S. citizenship. We can assess your eligibility, guide you through the application process, and advocate for your rights. If you have questions about applying for citizenship with a criminal record, don’t hesitate to contact us to schedule a consultation.
