Immigration law is complex, and sometimes it can be difficult to determine who is eligible to become a naturalized citizen. It is important that anyone looking to become a U.S. citizen be well apprised of the rules set forth by USCIS (U.S. Citizenship & Immigration Services), as a misunderstanding of the timelines and guidelines may result in a delay – or even a rejection – of your citizenship application.
Because of the stringent rules, you may wonder if you are eligible for citizenship if you have been convicted of a crime. Although past criminal behavior does make your application more problematic, it does not automatically disqualify you.
If you have criminal convictions and are applying for naturalization, here is what you need to know.
Basic Requirements for Naturalization
The minimum qualifications required for citizenship are in relation to:
- Age – you must be at least 18 years old at the time of filing your Form N-400.
- Status – you must have had permanent resident (Green Card) status for at least 5 years.
- Residency – you must have maintained permanent residence in the United States for 5 years prior to application, been physically in the country for at least 30 months of those 5 years, and lived for at least 3 months in the state or district in which you are filing.
- Language & Culture – you should be able to read, write, and speak basic English; as well as have a basic understanding of U.S. history, the government, and the Constitution.
The final requirement is that you “be a person of good moral character”. It is this qualification which is in question if you have had any criminal convictions. When determining an applicant’s good moral character, a USCIS officer will consider three things: the presence of a criminal record, application information, and he testimony given in a personal interview.
Criminal Convictions Which Disqualify You for Citizenship
It is important to understand that lying about or omitting information about your past legal problems will result in an immediate rejection from USCIS, with no recourse – therefore it is in your best interest to be truthful, and perhaps gain eventual citizenship. This includes being truthful about any records which were expunged, or crimes committed in another country.
Here is a list of crimes considered to be serious enough to bar you from citizenship. Remember, speaking with an immigration attorney can help you to understand if you have a special case, or extenuating circumstances which may affect your status. This list is not considered exhaustive, so be sure to fully disclose any behavior which may be called into question.
- Murder
- Rape
- Sexual abuse of a minor/child pornography
- Illegal trafficking of a controlled substance
- Money laundering
- Firearm offenses
- Bribery, counterfeiting, forgery
- Obstruction of justice, perjury, or bribery/coercion of a witness
- Transporting or trafficking prostitutes
- Failure to appear for a court date
An arrest, detainment, or prosecution doesn’t automatically result in denial of your application for citizenship. USCIS routinely decides situations on a case-by-case basis. Ultimately, the goal of USCIS is to establish whether or not you’ll be a good citizen in the future.
There are some exceptions which may apply in certain circumstances. For instance, if you have been charged with illegal entry into the United States at one time in the past, but complied with officers, you may be given the opportunity to enter legally. Also, in rare cases applicants have been able to claim “Purely Political Offense Exception”, if they were arrested and prosecuted in their home country for an offense protected as a right in the United States (such as free speech).
Clearly there is a wide range of possible scenarios which may affect your application for naturalization. If you have any questions or concerns about your eligibility, call the law firm of Probinsky & Cole. We specialize in immigration law and will be able to give you clear answers and guidance in your quest for citizenship.
