Becoming a U.S. citizen is a major milestone. If you are a permanent resident with a criminal record, you may wonder whether that record will stop you from naturalizing. A record does not automatically block citizenship, but it does need careful attention. This article explains the general rules.
Naturalization is one of our core immigration services, and it is an area where a criminal history review is especially important.
Good moral character
To naturalize, an applicant must show "good moral character" during a specific period before applying. For most applicants, that period is five years. For many spouses of U.S. citizens, it is three years. USCIS can also look at conduct before that period.
Permanent bars
Some convictions permanently prevent a person from showing good moral character. These include murder and aggravated felonies with a conviction on or after November 29, 1990. Because "aggravated felony" is a federal immigration term, it can include offenses that do not sound severe under state law.
Conditional bars during the statutory period
Other offenses can bar good moral character if they happened during the statutory period. In general terms, these include:
Crimes involving moral turpitude, with some exceptions
Most controlled substance offenses
Two or more offenses with combined sentences of five years or more
Spending 180 days or more in jail during the period
Giving false testimony to gain an immigration benefit
USCIS can also deny an application in its discretion based on other conduct, such as multiple OVI convictions.
What the N-400 asks
Form N-400 asks whether you have ever been arrested, cited, detained, charged, or convicted, including cases that were dismissed, sealed, or expunged. Applicants are typically asked to provide certified court records. Leaving something off the form can be treated as false testimony, which is its own bar.
The hidden risk: applying can open a removal case
This is the most important point. A naturalization application leads to a full background review. If that review shows a conviction that makes a permanent resident deportable, USCIS may deny the application and the person could be referred to immigration court. For some people, applying too early creates more risk than not applying at all.
Practical steps before filing
Gather certified dispositions for every arrest, citation, and charge
Confirm the dates of each offense relative to your statutory period
Make sure probation, fines, and classes are fully completed
Have the full record reviewed by an attorney before submitting the N-400
To review your eligibility before you apply, contact Wisniewski Law to request a consultation.
This article provides general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every situation is different, so please speak with an attorney about your specific case.
