Can You Obtain Citizenship with a Criminal Conviction?
To become a U.S. citizen, applicants must show they have good moral character. The government is particularly interested in whether you have shown good moral character in the five years before you apply. Unfortunately, some criminal convictions can prevent or delay your ability to obtain citizenship. All crimes are considered, even those committed outside the U.S.
Call Empowerment Legal, PLLC, to discuss your situation with an experienced lawyer. This area of law is not always “black and white,” and even those with a conviction might obtain citizenship.
Minor Offenses Which Will Likely Not Disqualify You
Not all convictions disqualify someone from becoming a U.S. citizen. For example, a single traffic offense will probably not disqualify you. The same is true of a disorderly conduct charge. USCIS will scrutinize the entire record to determine the seriousness of the offense.
One misconception is that expunging or sealing a record will completely erase it, but that isn’t true. USCIS will still consider an expunged or sealed crime.
Convictions Which Operate as Permanent Bars
On the other end of the spectrum are certain crimes which are so serious they will permanently disqualify someone from becoming a citizen. These include murder and aggravated felonies.
Aggravated felonies is a broad term which includes many crimes, such as:
- Certain firearm convictions
- Drug trafficking
- Sexual abuse of a minor
- Violent felonies
- Some theft crimes
Contact our firm to discuss. It might be to your advantage to avoid even applying for citizenship if you have a serious offense in your background. You risk deportation by bringing them to the attention of USCIS.
Convictions Which Might Bar Citizenship
Some convictions fall in the middle. They are not permanent bars to citizenship, but you could still end up disqualified from naturalization. You might need to wait several years after a conviction for one of these crimes before applying.
These crimes include:
- Illegal vice crimes
- Crimes involving moral turpitude, such as fraud or misrepresentation
- Spending 180 days or more behind bars for any crime
- Multiple criminal convictions which result in at least 5 years behind bars
- Certain drug offenses
Honesty Matters, Too
Some applicants are tempted to hide certain convictions to improve the odds of obtaining citizenship. However, lying about your criminal history indicates all by itself that you lack moral character, and USCIS will reject your application on that ground alone.
If you have any criminal conviction, even for a traffic offense, contact Empowerment Legal. We can assess whether your criminal history will be a hurdle to obtaining citizenship. We can also develop a strategy, such as delaying your application to improve your odds, as well as how to disclose a conviction to USCIS.
Schedule a Consultation Today
Empowerment Legal provides basic immigration information to help people generally understand the law. But internet information is no substitute for the kind of individualized advice that a lawyer can provide in a consultation. Call our firm to speak with a Jacksonville citizenship and naturalization lawyer. We are committed to helping you realize your dream of citizenship.