Applying for U.S. citizenship is a big step, and if you have a criminal history, it’s natural to worry about how it might affect your application. While having a criminal record doesn’t automatically disqualify you, it can present serious challenges. Here’s what you need to know.
Understanding Bars to Citizenship
In immigration law, a “bar” is an obstacle that prevents you from obtaining an immigration benefit, like naturalization. Bars to citizenship can be permanent or temporary, and knowing which one applies to you is critical.
Permanent Bars
A permanent bar means you are forever ineligible to become a U.S. citizen. These bars typically apply to individuals with:
- Aggravated Felonies: These are crimes considered particularly serious under immigration law. Surprisingly, some offenses classified as misdemeanors in state courts might still be considered aggravated felonies for immigration purposes.
- Crimes of Moral Turpitude: These involve dishonesty, fraud, or intent to harm others, such as theft or embezzlement.
If you’re subject to a permanent bar, there’s no waiver or workaround. Even applying for citizenship in this case can be dangerous, as it may lead to deportation.
Temporary Bars
Temporary bars are less severe and typically prevent you from applying for citizenship for a specific period—usually 3 or 5 years. Common causes include:
- Recent criminal convictions.
- Probation periods not yet completed.
- Failure to meet the “good moral character” requirement within the statutory review period.
Once the temporary bar period passes, you may be eligible to apply for your request, provided you meet all other requirements.
The Risks of Applying Without Understanding Your Criminal History
Applying for citizenship without understanding how your criminal history affects your eligibility can have serious consequences, including:
- Denial of Your Application: USCIS reviews your entire immigration and criminal history when you apply for naturalization.
- Initiation of Removal Proceedings: If USCIS determines that your criminal history makes you deportable, they may place you in removal (deportation) proceedings.
An example from my practice involved a client who unknowingly applied for naturalization despite having a permanent bar due to a past conviction. Instead of analyzing her complete history, she pushed forward on her own and risked her green card and was taken into deportation proceedings. With proper legal guidance, we were able to address her situation and prevented her deportation.
Why You Need Expert Legal Advice
The intersection of criminal and immigration law is one of the most complex areas in legal practice. Here’s why hiring an experienced immigration attorney is essential:
- Proper Evaluation: An attorney can evaluate your criminal record and determine if it creates a bar to citizenship.
- Strategic Planning: For those with temporary bars, an attorney can help you prepare to apply once you’re eligible.
- Protection from Deportation: If your record includes deportable offenses, an attorney can help protect your status and explore your options.
The Ever-Changing Landscape of Immigration Law
U.S. immigration policies are constantly evolving. While the Immigration and Nationality Act (INA) provides the foundation of immigration law, USCIS, ICE, and other agencies frequently adjust how they enforce rules. What worked for someone else—even with a similar case—might not work for you.
Key Takeaways
- Understand Your Criminal Record: Know whether your history includes crimes that result in permanent or temporary bars.
- Don’t Assume: Just because someone with a similar background succeeded doesn’t mean you will.
- Get Legal Help: Before applying, consult with an experienced immigration attorney to avoid costly mistakes and ensure you’re eligible.
Applying for U.S. citizenship is a significant milestone, but it’s also a delicate process—especially if you have a criminal history. Don’t risk your future by proceeding without the right information or legal guidance.
At our firm, we specialize in navigating these complex cases. Whether you’re concerned about a criminal record, have questions about your eligibility, or need help with any aspect of immigration law, we’re here to help.
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