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.
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.
