Crimes That May Legally Prevent You From Receiving U.S. Citizenship

General Impact of Criminal Records on Citizenship

Having a criminal record can pose significant obstacles to U.S. citizenship.
USCIS considers crimes committed both in the U.S. and abroad, unless convictions abroad were due to persecution.
A criminal record can affect whether the applicant meets the good moral character requirement.
USCIS evaluates factors like cooperation with law enforcement, involvement of drugs/alcohol, use of weapons, and harm to victims.
Even if no automatic bar applies, USCIS can deny citizenship based on lack of good moral character.

Permanent bars apply if you have been convicted of:
- Murder, or
- An aggravated felony on or after November 29, 1990.
USCIS cannot waive or override permanent bars.
Such convictions usually lead to removal (deportation) proceedings.
Aggravated felony includes certain crimes beyond state felony definitions, including some misdemeanors.
Examples of aggravated felonies: rape, child sexual abuse, child pornography, drug and weapons trafficking, fraud above a certain threshold, and illegal smuggling (with some exceptions for family members).
Theft or violent crimes with sentences of one year or more are often aggravated felonies.
Even lesser crimes like resisting arrest or DUI may count as crimes of violence in some cases.

Convictions of murder or aggravated felony on/after 11/29/1990 lead to automatic removal risk and bar from citizenship.

Certain crimes result in a temporary bar where the applicant must wait before applying for citizenship.
The waiting period typically restarts on the date of the crime committed.
Usually, applicants must wait 5 years after the crime, or 3 years in some cases, before applying.
USCIS can still deny citizenship if they find a lack of good moral character despite passing the waiting period.

Prostitution, solicitation, drug possession (except small marijuana possession), and minor fraud.
Marijuana possession exception: single offense of 30 grams or less may not trigger a temporary bar, but possession over 30 grams does, regardless of state legality.
Serving 180 days or more in jail triggers a temporary bar.
Multiple crimes resulting in a combined sentence of 5 years or more trigger a temporary bar.

On Form N-400 (naturalization application), you must disclose:
- All convictions,
- All arrests, and
- Any crimes you were involved in even if not arrested or if charges were dismissed.
Failure to disclose can lead to denial or loss of citizenship later if discovered.
Arrests and other records are likely to be found during the USCIS fingerprint check.

Given the complexity, consulting an immigration attorney is highly recommended.
You can use resources like the Justia Lawyer Directory to find experienced immigration lawyers who can assess your record and guide you.

Post Views: 9