A criminal history places bars on citizenship, making the process of obtaining US citizenship extremely lengthy and difficult for those with a record. Some crimes impose temporary bars while others impose permanent bars, and the crime’s level of severity depends on the USCIS’s perception of the crime. If the USCIS believes the crime you’ve committed demonstrates a “lack of moral character” they may deny your application altogether.
Those who have been convicted of murder or an aggravated felony after November 29, 1990 are permanently barred from citizenship. The USCIS cannot override a permanent bar and they will likely be subject to deportation once the conviction is discovered. An aggravated felony is defined according to specific immigration rules, meaning it goes beyond the felonies defined by state law. Aggravated felonies under immigration rules include rape, sexual abuse of children, child pornography, drug trafficking, weapons trafficking, theft if the defendant was sentenced to a year or more in prison, and fraud over a certain amount. Minor crimes including resisting arrest or DUI may also be considered an aggravated felony under immigration rules, as well as assisting a foreign national in illegally entering the US unless the national was your spouse, parent, or child.
If you have a temporary bar on citizenship, the clock for the residency requirement restarts on the date that the crime was committed. The foreign national must wait five years before applying for citizenship in most cases, and three years for other situations. Waiting the required period of time does not guarantee consideration for citizenship. The USCIS can deny an application if an individual’s criminal record demonstrates a lack of moral character, and that is heavily dependent on the official’s perception of the crime. Crimes that place a temporary bar on citizenship include prostitution, solicitation, drug possession, minor forms of fraud, and possession of over thirty grams of marijuana in any state, regardless of legalization laws. There is an exception for possession of marijuana in an amount of thirty grams or less, but any conviction on a criminal record may make the process of obtaining citizenship significantly harder than for those with clear records. Although immigration rules regarding convictions place large restrictions on an individual’s ability to gain citizenship, you should not make any false statements on your application. The USCIS will have access to your criminal record when they conduct the fingerprint check, and lying will likely demonstrate a lack of moral character.
If you have any questions regarding your criminal record’s impact on your ability to obtain US citizenship, you should contact an immigration attorney to evaluate your specific criminal record.
