Will a Criminal Record Stop Me From Becoming a U.S. Citizen?

As a noncitizen hoping to become a naturalized U.S. citizen, one significant factor that can impact your eligibility is whether you have a criminal record. While not every offense will automatically disqualify you, many crimes can create significant obstacles or even lifetime bans on citizenship.

At the Law Office of Lina Baroudi, we’ve seen firsthand how the U.S. immigration system’s treatment of criminal records is often unduly harsh and unforgiving. Let’s take a closer look at how USCIS scrutinizes criminal history when evaluating naturalization applications.

Crimes Resulting in Permanent Ineligibility for Citizenship

Under our current immigration laws, certain very serious offenses on your record will permanently bar you from ever qualifying for U.S. citizenship:

1. Murder
2. “Aggravated felonies” (if convicted on or after November 29, 1990)

But what counts as an “aggravated felony” for immigration purposes? The definition is extremely broad, going far beyond what you might assume based on the crime’s name alone.

It includes offenses you’d expect, like rape, sexual abuse of a minor, drug trafficking, firearm trafficking, running a prostitution business, and fraud over $10,000. However, it also encompasses some crimes that states may categorize as mere misdemeanors.

For example, any crime of violence, theft, or burglary that resulted in a prison sentence of 1 year or more is considered an aggravated felony under the immigration laws. Resisting arrest or driving under the influence could potentially even qualify if the circumstances involved violence or reckless behavior.

If you have an aggravated felony conviction, the USCIS officer will have no choice but to deny your citizenship application. You’ll likely then face removal (deportation) proceedings.

In our experience, many noncitizen have faced severe immigration consequences like this for crimes that were relatively minor or committed under extenuating circumstances. But our current laws leave little room for discretion or leniency.

Crimes Triggering a Temporary Citizenship Ban

Some offenses on your record can make you temporarily ineligible for naturalization. After the date of the crime, you’ll need to wait 3-5 years, depending on your permanent residence requirement, before you can apply for citizenship.

Temporarily barring crimes include:

• Operating a prostitution/pornography business
• Illegal gambling as your primary income source
• Having two or more gambling convictions
• Crimes involving “moral turpitude” like fraud
• Most drug crimes (except a single offense for 30g or less of marijuana)
• Spending 180+ days in jail for any crime
• Having 2+ convictions with a combined 5+ year sentence

After the mandatory waiting period, you may be able to naturalize, but approval isn’t guaranteed. You still must prove your overall “good moral character” to USCIS’s satisfaction. They have broad discretion to deny citizenship based on your past misconduct.

Probation, Parole, and Suspended Sentences

If you’re on probation, or parole, or have a suspended sentence after a conviction, you must complete it before being eligible for citizenship. There are no exceptions, even for minor offenses.

Your naturalization application cannot be approved while you’re still serving any of these sentences. USCIS will either put your case on hold until you’re done or ask you to reapply later.

Risks of Applying Prematurely After a Conviction

Even after you’ve completed probation, parole, or a suspended sentence, applying for naturalization too hastily could put you in jeopardy. Depending on the crime, USCIS may decide to revoke your green card and initiate your deportation based on the conviction.

Moreover, USCIS may determine that your criminal record shows a lack of reformation and good moral character, causing them to deny your citizenship on that discretionary ground.

That’s why consulting an experienced citizenship attorney like Lina Baroudi is so critical after a conviction. She can advise you on the ideal timing for your naturalization application to minimize risks and maximize your chances of success.

“Unlawful Acts” May Also Preclude Citizenship

In addition to actual crimes, engaging in other unlawful acts can lead USCIS to find that you lack the good moral character required for naturalization.

While assessed case by case, their guidance highlights examples like:

• Failing to file or pay taxes
• Bail jumping
• Violating a U.S. embargo
• Fraudulent acts like forgery, falsifying records, making false citizenship claims
• Unlawfully registering to vote or voting
• Obstruction of justice
• Sexual assault

In weighing how unlawful acts reflect on your character, USCIS considers aspects like:

• If anyone was harmed
• Your cooperation with authorities
• Any mitigating circumstances beyond your control
• Presence of weapons or intoxication

The Bottom Line

As you can see, the U.S. immigration system takes a severe, uncompromising stance toward criminal history in naturalization cases. A conviction or even just an arrest can create momentous complications.

If you’ve had any criminal justice involvement, no matter how minor, it’s absolutely essential to consult an experienced citizenship lawyer before applying. The Law Office of Lina Baroudi can thoroughly evaluate your situation and advise on potential pitfalls, approval odds, strategic timing, and how to best prove your reformation to USCIS.

While our immigration laws are overly rigid and outdated in many respects, by understanding the rules and carefully preparing your case with knowledgeable counsel, you can position yourself for the best chance of surmounting a criminal record to achieve U.S. citizenship.