Criminal Conviction Citizenship
Most lawful permanent residents should apply for naturalization (citizenship) as soon as they meet the eligibility requirements. US citizenship can have tax, employment and other benefits such as automatic citizenship for minor children. Perhaps more importantly, citizenship protects lawful permanent residents from deportation. This is especially important in the current political climate which has made it increasingly easy for the government to deport long time permanent residents despite having US citizen family members and substantial other ties to the United States.
There are a number of circumstances, however, when permanent residents should not apply for citizenship. This is particularly true for those who have criminal convictions. Any permanent resident who has ever been arrested must consult with a knowledgeable immigration attorney prior to filing an application for naturalization. Some permanent residents with criminal convictions will still be eligible to naturalize. Some will not be eligible and their applications will be denied. Other permanent residents could actually be placed in removal proceedings and even lose their residency if they apply to naturalize.
Many people with criminal convictions are ineligible to show good moral character. They may also be deportable because of the conviction. It is very common for people to apply for naturalization, in an effort to do to right thing, and inadvertently subject themselves to removal proceedings.
Certain applicants with criminal convictions will be automatically barred from showing good moral character. They should not apply for naturalization. An applicant will be automatically disqualified if during the five- or three-year period that good moral character is required, he or she has:
been convicted of an aggravated felony
been convicted of, or admitted committing a drug offense (other than a single conviction for possession of less than 30 grams of marijuana)
been convicted of, or admitted committing a crime involving moral turpitude1
given the USCIS reason to believe that he or she is or was a drug trafficker
spent 180 days or more in jail as a result of one or more convictions, no matter when the offenses were committed
been convicted of two or more crimes for which the applicant received a total sentence of five years or more
It is important to understand that you might be barred from naturalizing even if, in the past, you have admitted to a crime or to actions that constitute a crime. This is true even if you have not been convicted or if the conviction has been dismissed. Once you have made an admission, it cannot be retracted.
If a conviction or offense falls outside the five- or three- year period required for good moral character, an applicant might be eligible to naturalize, but the might make you deportable so it is important to look into this issue as well. Th this is the case, you must investigate whether there are any defenses to removal.
If you are still on probation or parole your application can not be approved. If you were on probation or parole or had a suspended sentence during all or part of the statutory five- or three-year period you should not be disqualified from establishing good moral character. However, you must be prepared to present extra evidence of your good moral character to offset the probation or parole which USCIS will consider a negative factor. Sometimes it is better to wait until you have not been on probation or parole at all during the statutory period before applying.
There are important exceptions to this provision. An applicant who committed a crime of moral turpitude will not be automatically disqualified if the person committed only one crime and EITHER, the person was under 18 at the time she committed the crime and the date of the offense and release from confinement was more than five years before the date of application; OR the maximum sentence possible for the crime was less than one year in jail and, if the person was convicted, the sentence given was less than six months.
This is a very complicated area of the law. If you have a criminal history, it is very important that you consult an attorney who has expertise in this area before you file a naturalization application. It is also important to tell the truth about your past, and share as much information as possible. USCIS conducts various background checks as part of the naturalization process and the officer will likely know about all arrests and convictions. An officer will recommend an application for denial, if they think you deliberately failed to reveal an arrest or other information, even if the arrest itself would not result in a denial.
Be prepared for the meeting with your lawyer or legal representative. Try to obtain a copy of your criminal record including the arrest report, the judges decision and the sentence so the lawyer can help you decide whether your crime is one of the crimes that will automatically disqualify you from showing good moral character or make you deportable.
Please do not take any statement made in this paper, or in these associated pages, documents, comments, answers, e-mail, articles or other communications as legal advice for any individual case or situation. The responses and information are intended for general discussion purposes only. They should not be relied upon for any specific situation. For legal advice specific to your case, please consult an attorney with experience in this area of the law. The professionals at Julie C. Ferguson PA have extensive experience representing people with criminal convictions and we would welcome the opportunity to consult with you about the strategy most appropriate to your case.
There are a number of circumstances, however, when permanent residents should not apply for citizenship. This is particularly true for those who have criminal convictions. Any permanent resident who has ever been arrested must consult with a knowledgeable immigration attorney prior to filing an application for naturalization. Some permanent residents with criminal convictions will still be eligible to naturalize. Some will not be eligible and their applications will be denied. Other permanent residents could actually be placed in removal proceedings and even lose their residency if they apply to naturalize.
General Eligibility Requirements
Most applicants for naturalization must meet certain age, residence, physical presence, and good moral character requirements. Applicants must be at least 18 years old. They must have maintained a residence in the United States continuously for five years since obtaining residency, or three years for spouses of United States citizens who are still married to and residing with their spouse. Applicants must have been physically present in the United States for at least one half of the required time for filing. An absence from the United States for a period of more than 6 months, but less than one year, will break the continuous residence, and the applicant will have to affirmatively prove that he or she did not abandon his or her residence. An absence of more than one year will result in a finding of abandonment, unless the applicant obtained a reentry permit. More important, for purpose of this discussion paper, the applicant must be able to demonstrate good moral character. In analyzing good moral character, USCIS will look at an applicant's criminal record and his or her general conduct. Some criminal convictions and some behavior, like failure to pay child support or failure to pay taxes will result in a finding that the applicant lacks the good moral character required for citizenship. The application will be denied and the applicant may be placed in removal proceedings.Good Moral Character and Criminal Convictions
A naturalization applicant must show that during the five years (three years for a spouse of a US citizen) immediately prior to filing the application, he or she has been a person of good moral character. The applicant must also demonstrate good moral character from the time of application until the person actually takes the oath of allegiance to become a US citizen. USCIS can look at the applicant's activities prior to the five year period, but it should not deny an application only because of behavior before the five or three-year period.Many people with criminal convictions are ineligible to show good moral character. They may also be deportable because of the conviction. It is very common for people to apply for naturalization, in an effort to do to right thing, and inadvertently subject themselves to removal proceedings.
Certain applicants with criminal convictions will be automatically barred from showing good moral character. They should not apply for naturalization. An applicant will be automatically disqualified if during the five- or three-year period that good moral character is required, he or she has:
been convicted of an aggravated felony
been convicted of, or admitted committing a drug offense (other than a single conviction for possession of less than 30 grams of marijuana)
been convicted of, or admitted committing a crime involving moral turpitude1
given the USCIS reason to believe that he or she is or was a drug trafficker
spent 180 days or more in jail as a result of one or more convictions, no matter when the offenses were committed
been convicted of two or more crimes for which the applicant received a total sentence of five years or more
It is important to understand that you might be barred from naturalizing even if, in the past, you have admitted to a crime or to actions that constitute a crime. This is true even if you have not been convicted or if the conviction has been dismissed. Once you have made an admission, it cannot be retracted.
If a conviction or offense falls outside the five- or three- year period required for good moral character, an applicant might be eligible to naturalize, but the might make you deportable so it is important to look into this issue as well. Th this is the case, you must investigate whether there are any defenses to removal.
If you are still on probation or parole your application can not be approved. If you were on probation or parole or had a suspended sentence during all or part of the statutory five- or three-year period you should not be disqualified from establishing good moral character. However, you must be prepared to present extra evidence of your good moral character to offset the probation or parole which USCIS will consider a negative factor. Sometimes it is better to wait until you have not been on probation or parole at all during the statutory period before applying.
There are important exceptions to this provision. An applicant who committed a crime of moral turpitude will not be automatically disqualified if the person committed only one crime and EITHER, the person was under 18 at the time she committed the crime and the date of the offense and release from confinement was more than five years before the date of application; OR the maximum sentence possible for the crime was less than one year in jail and, if the person was convicted, the sentence given was less than six months.
This is a very complicated area of the law. If you have a criminal history, it is very important that you consult an attorney who has expertise in this area before you file a naturalization application. It is also important to tell the truth about your past, and share as much information as possible. USCIS conducts various background checks as part of the naturalization process and the officer will likely know about all arrests and convictions. An officer will recommend an application for denial, if they think you deliberately failed to reveal an arrest or other information, even if the arrest itself would not result in a denial.
Be prepared for the meeting with your lawyer or legal representative. Try to obtain a copy of your criminal record including the arrest report, the judges decision and the sentence so the lawyer can help you decide whether your crime is one of the crimes that will automatically disqualify you from showing good moral character or make you deportable.
Please do not take any statement made in this paper, or in these associated pages, documents, comments, answers, e-mail, articles or other communications as legal advice for any individual case or situation. The responses and information are intended for general discussion purposes only. They should not be relied upon for any specific situation. For legal advice specific to your case, please consult an attorney with experience in this area of the law. The professionals at Julie C. Ferguson PA have extensive experience representing people with criminal convictions and we would welcome the opportunity to consult with you about the strategy most appropriate to your case.