Can You Obtain US Citizenship With a Criminal Record?

Does any crime or unlawful act on your record disqualify you from receiving citizenship in the US? Although a preexisting criminal history doesn’t automatically bar you from becoming a US citizen, it can create obstacles in your application. This post outlines the eligibility requirements and your corresponding rights and options. 

Good Moral Character Requirement for US Citizenship

Showing that you’re a person of good moral character (GMC) is a mandatory requirement when applying for US citizenship through naturalization. In particular, GMC assesses whether your character aligns with the standards generally expected of average citizens residing in your community. 

The primary purpose of the GMC requirement is to ensure that you’re fit to become a US citizen. You must demonstrate and maintain GMC starting the statutory period through the time you take the Oath of Allegiance. 

The specific required period to prove GMC depends on the application naturalization provision under which you file. Under the general naturalization provision, the statutory period for most lawful permanent residents begins five years before the filing date. Meanwhile, it starts three years before filing for certain spouses of US citizens. 

When determining whether you meet the GMC requirement, the United States Citizenship and Immigration Services (USCIS) reviews the following: 

  • Your full record, including your criminal, compliance, and conduct history
  • Statements you provided in the naturalization application
  • Oral testimony you gave during the interview.

It’s worth noting that your conduct outside the GMC period may also affect whether you fulfill the GMC requirement. That particularly applies when your present conduct doesn’t show reformed character, or when the earlier remains relevant to your current moral character. 

How a Criminal Record Affects Your US Citizenship Application 

USCIS performs security and background checks when you apply for naturalization. Criminal records undergo rigorous review to ensure you meet the ethical and legal standards required for US citizenship. That means you’re not a security threat to the US both during your permanent residency and beyond. 

A criminal history doesn’t automatically make you ineligible to become a US citizen. Still, depending on the offenses or violations, your record may result in a conditional or permanent bar to obtaining US citizenship. Either way, having an immigration attorney thoroughly research and review your case is imperative. 

Criminal convictions that constitute a conditional bar

Some types of criminal convictions conditionally bar you from establishing GMC and receiving citizenship. That applies when the offense you committed falls within the required statutory period. Examples of convictions that constitute a conditional bar can include:

  • Controlled substance violation
  • Two or more crimes involving moral turpitude (CIMTs)
  • Prostitution offenses
  • Multiple gambling offenses
  • Willful failure to support dependents
  • Habitual drunkard
  • Adultery that tends to destroy an existing marriage

Criminal convictions that constitute a permanent bar

Certain criminal convictions permanently bar you from obtaining US citizenship. Below are the crimes that may automatically disqualify you from demonstrating GMC and obtaining citizenship in the US. They can also make you subject to removal proceedings. 

  • Conviction of murder at any time.
  • Conviction of an aggravated felony
  • False testimony/misrepresentation for immigration benefits. 

Navigate the US Citizenship Application With ALG Lawyers

Proper timing and legal assistance are essential when applying for US US citizenship after a criminal record. Those charges, committed in the past, either constitute a conditional or a permanent bar. 

A reliable Los Angeles immigration lawyer can help assess the corresponding consequences and the possible options to prevent the denial of your citizenship application. Call our team at ALG Lawyers now for personalized legal guidance. 

FAQs on Can You Obtain US Citizenship With a Criminal Record

The required statutory period for establishing good moral character is typically three or five years before naturalization. However, USCIS assesses your entire criminal record, so older offenses can affect your application, particularly if they indicate a pattern of poor character or other disqualifying factors. 

Full disclosure of any conviction or arrest on your record is required. Any false statement or misrepresentation discovered during background checks may result in a permanent bar to naturalization. 

Generally, it’s a good idea to wait until you can establish good moral character for the required statutory period. That’s usually five years after the date of the crime before applying for citizenship, or three years in some circumstances.