If you are looking for citizenship in America and you had a prior criminal conviction for which you are on probation or parole then things might be difficult for you and here in this guide, we will look at the complications and steps to overcome them.
The Dream of U.S. Citizenship
Green card holders want to become citizens but if they have a case for a crime, it can be tricky and often unproductive.
Probation as a Barrier
The USCIS rules, found in 8 C.F.R. § 316.10(c)(1), state that your application will not be approved while you’re still serving probation or parole. The USCIS will either defer your application until your probation ends or ask you to reapply later.
After Probation
Even after completing your probation, there are other considerations before you can pursue citizenship.
Impact on Your Green Card
You need to check if your conviction could lead to your green card being revoked and certain crimes can make you deportable, so it’s essential to understand these risks.
Citizenship Eligibility
You also need to determine if your crime affects your eligibility. The USCIS will look at your application to see if you meet the good moral character requirement.
Good Moral Character
This is important in immigration law, especially for citizenship applications. The USCIS will evaluate if you meet the standards expected of average citizens. They will consider your criminal history, honesty, and obedience to societal norms. Crimes like gambling, prostitution, perjury, and drug offenses can negatively impact your application, although showing good moral character isn’t just about avoiding crime, positive contributions to society, helping your family, and community involvement can improve your case.
Moving Forward: Applying for Citizenship
Given the complexities of applying for citizenship while on probation, careful planning is important.
Complete Probation or Parole
First, complete your probation or parole without violations. This is the foundation for your citizenship application.
Consult an Immigration Attorney
They can assess your situation, advise you on the best course of action, and help you prepare a strong citizenship case.
Demonstrate Good Moral Character
To boost your chances, engage in activities that show good moral character like participating in community service, maintaining ethical standards, and making positive contributions to society.
What crimes permanently bar someone from U.S. citizenship
Certain criminal convictions can permanently bar an individual from obtaining U.S. citizenship, primarily due to their implications for demonstrating “good moral character” (GMC). Here are the key categories of crimes that result in such a permanent bar:
Permanent Bars to U.S. Citizenship
Murder:
Any conviction for murder results in an automatic permanent bar to citizenship. This applies regardless of when the conviction occurred.
Aggravated Felonies:
Convictions for aggravated felonies, particularly those occurring on or after November 29, 1990, also lead to a permanent bar. The definition of aggravated felonies includes a range of serious offenses, such as:
- Rape
- Sexual abuse of a minor
- Trafficking in controlled substances (drug trafficking)
- Firearms trafficking
- Crimes of violence (if sentenced to at least one year in prison)
- Money laundering (involving amounts over $10,000)
- Child pornography
- Certain fraud offenses (involving amounts over $10,000)
- Prostitution-related offenses (e.g., managing or trafficking)
- Alien smuggling.
Genocide and Torture:
Individuals who have committed acts of genocide or participated in torture or extrajudicial killings are permanently barred from citizenship.
Severe Violations of Religious Freedom:
This includes actions such as prolonged detention without charges based on religion or torture due to religious beliefs
Aiming for U.S. citizenship is a worthy goal, but for those on probation or parole, the path is challenging. Understanding U.S. immigration law, the importance of good moral character, and the necessary steps to overcome these hurdles is crucial. By completing your probation, seeking legal advice, and demonstrating good moral character, you can confidently navigate the citizenship application process.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a Permanent Resident Card or B-1/B-2 Visitor Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
