One of the most common — and anxiety-inducing — questions we get from clients pursuing naturalization is: Can I apply for U.S. citizenship if I have a criminal history?
The short answer is: it depends. And the long answer can make all the difference in the outcome of your case.
Understanding the Concept of “Bars” in Immigration
In immigration law, there are what we call “bars” — legal obstacles that can block you from receiving an immigration benefit like U.S. citizenship. These bars are either temporary or permanent, and knowing which kind applies to you is absolutely critical before you file anything.
🔴 Permanent Bars
A permanent bar means you are forever ineligible for U.S. citizenship — no exceptions, no waivers. These are typically triggered by convictions for:
- Aggravated felonies (a term unique to immigration law — some misdemeanors even fall under this!)
- Crimes involving moral turpitude, such as:
- Theft
- Fraud
- Deception
- Any crime involving dishonesty or intent to harm others
If you apply with one of these convictions on your record, you may not only be denied citizenship — you could also be placed in deportation proceedings.
🟡 Temporary Bars
Temporary bars, on the other hand, mean you are ineligible for now — but not forever. These often apply for a 3-year or 5-year period, depending on the nature of the offense and the date it occurred.
For example:
- DUI convictions
- Drug-related misdemeanors
- Probation violations
In many cases, time is your best friend, but you must confirm whether your criminal history qualifies as a temporary or permanent bar before you apply.
Why You Must Talk to an Experienced Immigration Attorney
I once had a client who applied for citizenship without fully understanding how serious their criminal conviction was. They walked straight into a permanent bar — and worse, put themselves at risk for deportation. There were no waivers, no appeals — nothing we could do to undo the filing. I helped them explore other immigration paths, but their dream of citizenship was no longer possible.
Don’t let this happen to you.
Immigration law is complex and constantly changing. While the Immigration and Nationality Act (INA) doesn’t change often, immigration agencies like USCIS, ICE, and the Department of Homeland Security can change policies at any time — impacting how your case is processed or judged.
Also, don’t rely on what happened to your cousin, friend, or coworker. Each case is unique. Your history, your timeline, and the current enforcement climate all factor in.
If you have a criminal history and want to apply for naturalization, you need to play it safe. Talk to an attorney who understands both immigration law and criminal bars.
