The process of immigrating to the United States can be time-consuming and daunting, often leaving you feeling like you are fighting an uphill battle. There are many factors to consider when determining whether or not you are eligible for citizenship and how the process will play out. Having a criminal history can create obstacles in your journey to U.S. citizenship, but understanding your rights and options is crucial during this time. Continue reading and speak with a skillful naturalization lawyer in New York City to learn more about whether or not you can apply for citizenship with a criminal record.
Can I Apply for U.S. Citizenship if I Have a Criminal Record?
If you want to apply for citizenship in the United States you are probably aware that having a criminal record can impact whether or not you are approved for naturalization. The process of applying can be intensive and requires that applicants demonstrate a variety of qualifications, including good moral character.
In order to qualify for naturalization you must meet a wide variety of requirements. One important criterion is that you must live in the United States for at least 5 years (3 years if you are married to a U.S. citizen) and be a person of good moral character during that time. This includes abstaining from criminal activity, particularly from crimes that suggest poor morality.
Having a criminal record does not automatically disqualify an individual from obtaining citizenship in the United States. Eligibility is determined on a case-by-case basis and USCIS (United States Citizenship and Immigration Services) officers will consider various factors when determining whether or not a conviction makes you ineligible for citizenship. They will evaluate the nature of the crime, the severity of the offense, how long ago it occurred, how old you were, the circumstances surrounding the violation, whether or not you seem remorseful or changed, etc.
What Crimes Can Prevent You From Receiving Citizenship?
While it is possible to become a United States citizen while having a criminal record, convictions of certain crimes can make you automatically ineligible. In the United States, you will be barred from receiving citizenship if you have ever been convicted of murder or if you have been convicted of an aggravated felony after November 29, 1990.
Either of these offenses results in an automatic bar, meaning that regardless of other factors like familial relationships, financial status, employment history, etc. an individual who has been convicted of murder or an aggravated felony after November 29, 1990, can never be approved for naturalization.
While these are the only two type of convictions that will automatically deem you ineligible for citizenship, other crimes can cause a USCIS officer to reject your application. Convictions that involve moral turpitude, make you deportable, or repeat offenses can result in a rejection.
Reach out to an experienced attorney for more information and skilled representation during your immigration journey.
