Immigration law requires an applicant for naturalization to live in the service area of the specific immigration office for at least three months prior to filing for naturalization.

This is a very tricky position for any user of marijuana within the last 5 years of the application for citizenship. Regardless of state law, the use of marijuana, possession, or its manufacture is illegal under federal law as a “schedule 1 controlled substance.” An immigrant who uses will likely be ineligible for citizenship and could be subject to deportation as well.

First is if you have any criminal history, especially within the last 5 years prior to filing for naturalization. The way the immigration laws are designed, the type of crime, the type of punishment, or the date of the conviction can have dramatic effects on your ability to qualify for naturalization and whether you have temporary bars in place or permanent bars that could make you open to deportation.

Next are applicants with child support or income tax issues. If you have arrearages (debt from non-payment) for either of these obligations, you may be considered ineligible for citizenship. With the right assistance, it is possible to take steps that will correct these problems for immigration purposes and allow someone otherwise ineligible, to qualify and successfully obtain citizenship.

The third scenario that will cause problems for applicants that will prevent them from obtaining citizenship is one or multiple prolonged stays outside the country. This can come in the form of one extended stay outside the U.S. or many trips outside the U.S. since these both violate the terms of legal permanent residency and violate the eligibility requirements of living in the U.S. prior to consideration of citizenship.

Proving that an immigrant is maintaining a legitimate marriage relationship is also critical while doing naturalization. When a U.S. citizen sponsors their spouse for a green card, the law provides a special benefit to this application which is an expedited path to citizenship. If the immigrant takes this path, they can become a citizen within 3 years instead of 5 years. If, however, the immigrant is no longer married to their sponsor, they are no longer eligible for this expedited process.

Temporary bars apply to applicants for a 5-year period of time. Examples of problems that trigger the temporary bar would be an arrest committed that violates what the government refers to as a person’s good moral character. Typically, these are crimes of theft or deceit that result in a misdemeanor conviction. Minor drug convictions can also lead to a temporary bar.

If any of the crimes committed by immigrants results in a felony convictions, things get very problematic for the immigrant as they can trigger a permanent bar to citizenship or, if they fall under the “aggravated felony” rules of immigration law, could lead to the immigrant’s loss of their legal permanent residency and deportation. This is why careful consideration must be taken before making any decision to file for citizenship.

Yes! The U.S. does not discriminate against citizens of other countries and does not limit an immigrant’s ability to become a citizen while they retain their birth citizenship.