Applying for U.S. citizenship is a major milestone for many immigrants, but a criminal record can significantly complicate this process. If you have a history of criminal convictions or arrests, it’s important to understand how these may affect your eligibility for naturalization. Some crimes impose permanent bars, while others result in temporary delays. In either case, the U.S. Citizenship and Immigration Services (USCIS) carefully reviews your criminal background as part of determining whether you meet the good moral character requirement essential for citizenship.
How Criminal Records Affect Citizenship Applications
When applying for naturalization, USCIS examines not only your criminal history in the United States but also any convictions you may have from other countries. The agency may accept exceptions if you can prove that foreign convictions were the result of persecution, but generally, crimes committed abroad can impact your application just like crimes committed in the U.S.
The key factor USCIS considers is whether your criminal record reflects a lack of good moral character. Even if your crimes do not fall under permanent or temporary bars, USCIS can still deny your citizenship application if they determine your behavior does not meet the standards required by law. This includes assessing whether you cooperated with law enforcement, whether drugs or alcohol were involved, whether a weapon was used, and if there were any victims harmed.
Permanent Bars That Block Citizenship
Certain criminal convictions create a permanent bar to naturalization. Specifically, anyone convicted of murder or an aggravated felony on or after November 29, 1990, is ineligible to become a U.S. citizen. An aggravated felony, under immigration law, includes a wide range of offenses and is not limited to felonies under state law. For example, some misdemeanors can qualify as aggravated felonies for immigration purposes.
Examples of aggravated felonies include serious offenses such as rape, sexual abuse of children, child pornography, drug trafficking, weapons trafficking, and fraud involving large sums of money. Additionally, helping others illegally enter the U.S. can be considered an aggravated felony unless the individuals helped are close relatives without prior offenses.
Anyone permanently barred for these reasons will not only be denied citizenship but will also likely face deportation proceedings once the criminal history is discovered by immigration authorities.
Temporary Bars and Their Impact
Other crimes result in temporary bars to citizenship. This means that USCIS requires you to wait a certain number of years after the crime before you can apply for naturalization. Usually, this waiting period is five years, though it can be shorter in some situations, such as when you qualify under the three-year residency rule for spouses of U.S. citizens.
For example, convictions related to prostitution, solicitation, drug possession, and minor fraud offenses often trigger temporary bars. One notable exception involves marijuana possession: a single offense involving 30 grams or less may not trigger a bar, but possession of larger amounts or multiple offenses will.
If you have served 180 days or more in jail for a crime, or if you have multiple convictions totaling five or more years of sentences, you will face a temporary bar and will need to wait the required period before applying for citizenship.
Even after the waiting period, USCIS retains the authority to deny your application if your criminal record demonstrates that you still lack good moral character.
Full Disclosure Is Crucial
When filling out Form N-400 for naturalization, honesty is critical. You must disclose all arrests, convictions, and any involvement with the criminal justice system—even if your charges were dismissed or you were never arrested. Failure to fully disclose your criminal history can lead to denial of your application or revocation of citizenship later if the omission is discovered.
USCIS verifies your criminal history through fingerprint checks and background investigations, so it’s best to be upfront to avoid future complications.
Why Legal Help Is Important
Because immigration law is complex and the consequences of criminal convictions are serious, seeking the advice of an experienced immigration attorney is highly recommended. A knowledgeable lawyer can evaluate your unique situation, explain the potential impact of your criminal record on your citizenship application, and help you prepare the necessary documentation.
Resources like the Justia Lawyer Directory make it easy to find qualified immigration attorneys near you who can provide the guidance you need.
Criminal convictions can create significant challenges when applying for U.S. citizenship. Understanding the difference between permanent and temporary bars, the importance of good moral character, and the necessity of full disclosure is essential for anyone considering naturalization with a criminal history. With the right legal support, many applicants can still navigate this process successfully.