If you are a green card holder, who is willing to become a naturalized U.S. citizen, you would like to know how your criminal records will affect you. While it is sometimes possible to naturalize despite various shortcomings like a good moral character, this article narrows down its discussion on crimes and legal violations that might disqualify you from gaining citizenship.
Understanding the Impact of Crimes on Naturalization
Your criminal history plays a significant role in your citizenship application. Not all crimes lead to automatic disqualification, but some can permanently disqualify you from citizenship, while others might only delay the process.
Crimes That Permanently Affect Applicants
Convictions for murder or aggravated felonies after November 29, 1990, permanently block your path to U.S. citizenship. Aggravated felonies include serious offenses such as rape, child sexual abuse, drug or firearm trafficking, racketeering, operating a prostitution business, child pornography, and fraud over $10,000.
The definition of an aggravated felony is broad and may include crimes like violent offenses, theft, or burglary resulting in a prison term of one year or more, even driving under the influence, especially with reckless or intentional behavior, can be categorized as an aggravated felony. Additionally, aiding in smuggling an alien into the U.S., except for a first offense to help a spouse, child, or parent, is also considered an aggravated felony.
Crimes That Temporarily Affect Applicants
After the required waiting period usually five years, or three years if married to and living with a U.S. citizen for the entire duration, you might become eligible for citizenship again. USCIS can still review your past actions when considering your application, but you’ll have the chance to demonstrate good moral character.
Some of these crimes are:
- Involvement in Vice Activities
- Operating a commercial vice enterprise, such as prostitution or selling pornography.
- Engaging in illegal activities, like hiring a prostitute.
- Conviction for crimes of moral turpitude, such as fraud.
- Time Spent in Jail or Prison
- Spending 180 days behind bars for any crime can temporarily prevent you from meeting the good moral character requirement for citizenship.
Drug-Related Offenses
While a single offense involving 30 grams or less of marijuana won’t permanently bar you from citizenship, other drug-related convictions might temporarily make you ineligible. Admitting to marijuana use or involvement in the marijuana industry, even in states where it’s legal, can affect your application on moral character grounds.
Multiple Convictions
Having two or more convictions resulting in a total prison sentence of five years or more can temporarily disqualify you from citizenship.
Other Legal Violations and Their Impact on Your Citizenship Application
USCIS has the discretion to deny your application if your actions are deemed to reflect poorly on your moral character, even if they are not explicitly listed in immigration law. These violations can be civil rather than criminal but still impact your eligibility.
Examples of such unlawful acts include:
- Bail jumping, bank fraud, conspiracy to distribute controlled substances, tax evasion, falsification of records, false claims to U.S. citizenship, forgery, insurance fraud, obstruction of justice, sexual assault, Social Security fraud, unlawful harassment, and violating a U.S. embargo.
- USCIS considers factors such as whether someone was injured, your cooperation with law enforcement and courts, involvement in illegal activities, and extenuating circumstances. The term unlawful acts was vaguely defined for years, but recent guidance has provided more clarity.
If you believe your legal violations or criminal record could affect your citizenship application, consulting with an experienced immigration attorney is advisable. They can assess your situation and guide you through the process.
Key Impacts of Criminal Records on U.S. Citizenship
1. Good Moral Character Requirement
To qualify for U.S. citizenship, applicants must demonstrate good moral character for a specified period—typically five years, or three years if married to a U.S. citizen. Certain serious crimes, including murder, sexual assault, and drug trafficking, can create a permanent barrier to establishing good moral character. Even lesser offenses may complicate an application if they suggest dishonesty or violence.
2. Categories of Crimes Affecting Citizenship
Crimes are generally categorized into two main groups that can affect immigration status:
- Crimes of Moral Turpitude (CMT): These are offenses that violate societal norms of morality and ethics. Convictions for these crimes can lead to inadmissibility.
- Aggravated Felonies: This category includes serious crimes like murder or drug trafficking, which automatically disqualify individuals from naturalization.
3. Conditional Bars
Some offenses may lead to conditional bars based on the timing of the conviction. For instance, crimes committed within the last five years can be more problematic than older offenses. Conditional bars may apply to various misdemeanors and felonies, affecting eligibility depending on the nature and severity of the crime.
4. Consequences Beyond Citizenship
A criminal record can also lead to deportation or loss of permanent residency status. Even minor offenses can result in severe immigration consequences, including detention by Immigration and Customs Enforcement (ICE) following an arrest.
5. Importance of Legal Counsel
Given the complexities involved, individuals with a criminal history seeking U.S. citizenship should consult with an experienced immigration attorney. Legal guidance is crucial for navigating the application process and understanding how specific convictions may impact eligibility
Achieving U.S. citizenship is a significant milestone, but it’s important to understand how crimes and legal violations can impact your eligibility. While some crimes result in permanent disqualification, others may cause temporary ineligibility.
Navigating the complexities of immigration law, especially concerning criminal records, can be challenging. Therefore, seeking legal advice from an immigration attorney who specializes in both immigration and criminal law is a wise step if you have concerns about your eligibility for U.S. citizenship.
