Applying for Citizenship with a Criminal Record

Can I apply for Citizenship with a Criminal Record?

Applying for US citizenship with a criminal record

This is definitely one question that a person who has a criminal record must think before applying for Citizenship.  Let’s review some of these circumstances and how it can affect your decision.

If a person has ever been arrested for any reason, it is important to consult with an Immigration lawyer before seeking to apply for citizenship.  The reason why it is important to consult is that not only could USCIS turn down your citizenship application; the applicant can put himself at risk of deportation by bringing your criminal history to USCIS’s attention.  There is a list of crimes to be considered aggravated felonies that USCIS would definitely denied your application for having committed such crimes, but also, there are some to be considered of moral character.  We will review those crimes at a later discussion.  For now, let’s just focus on the application and the interview process.

The application and the Interview Process

An application for naturalization is made on the Form N-400, which can be obtained from the USCIS website, www.uscis.gov. It is important to review the requirements and contact Affordablelegalpapers.com to help you fill out the application which must be completed properly and submitted to the appropriate address with the correct fee.   If the N-400 application is not done right, USCIS will reject it. The Form N-400 itself is 10 pages long and asks for detailed information about your immigration, residence, employment, and criminal history.  Let affordablelegalpapers.com help you with this important document for peace of mind.

The N-400 also asks for details about your family relationships and your marital history. This is used by USCIS to help determine if you or any of your relatives obtained residency improperly or by fraud.

At the end of the form, there is a signature page where you swear under penalty of law that you have provided true and correct information in the application. Intentionally lying on the form can lead to denial of the application and possible criminal prosecution.

Once the application is filed, USCIS will send out a receipt notice, generally within 30 days. USCIS will then send out a biometrics instruction letter for you to appear at a local application support center for fingerprints and photographs. USCIS uses this information to obtain your criminal rap sheet to see if you've had any prior criminal or immigration violations.

The interview is usually scheduled approximately 5 months after the application has been received.

The Interview

It’s at the naturalization interview where USCIS will go over the information provided on the N-400 form, and administer the U.S. civics and history test.The officer will ask questions about the applicant’s criminal and immigration history, based on the application form and USCIS’s own FBI background checks.

The officer can sometimes give a decision that same day on granting the application, but will frequently say that more time is needed to review the application, even in straightforward cases. Once the Application is granted, you will receive a notice in the mail to appear for your citizenship swear-in ceremony. That is where you formally receive your US citizenship and a certificate of naturalization, and can register to vote and apply for a US passport.

Requirements for Naturalization

In general, you may qualify for naturalization if prior to filing the N-400 application you have been a permanent residents for the prior five years, with 30 out of 60 months presence in the U.S., no interruptions of residence beyond 6 months, good moral character during the 5 year period, have resided in your USCIS district for the previous 90 days, and can show sufficient knowledge of US history and civics. You may also qualify for naturalization if prior to filing the citizenship application you've had your green card for at least three years , having been married to a USC citizen for at least 3 years, can show 15 out of 30 months presence in the U.S., no interruptions of residence beyond 6 months, good moral character, and have resided in your USCIS district for the previous 90 days, and can show sufficient knowledge of US history and civics. There are easier requirements if you've served in the U.S. Armed Forces. You should consult with an experienced immigration attorney to make sure these requirements apply to you.

What are good moral and character crimes?

To naturalize, you must show good moral character for the 3 or 5 year period (depending on whether married to a US citizen) prior to application for naturalization and swearing in. This is called the “statutory period".

The burden is on you to be honest and to show good moral character. Many clients ask “how will they know if I don’t tell them?" Believe me, thanks to its extensive computerized databases, DHS will almost certainly know, and if they don’t know, ICE should eventually figure it out. Also, in being truthful, it is your obligation to submit all conviction records with the citizenship application. Submitting these documents should absolutely be done with the help of an experienced immigration lawyer, who can obtain the right kind court records and present damaging evidence in the best light possible.

What conduct during the statutory period will keep an applicant from proving good moral character?

First, “crimes involving moral turpitude", which are offenses that involve harming other people or damaging property, theft and fraud crimes, as well as sex or family crimes, committed during the statutory period.

Second, controlled substance violations committed during the statutory period.

Third, imprisonment for 180 days or more during the statutory period.

Fourth, providing false testimony during the statutory period to obtain an immigration benefit.

Fifth, involvement during the statutory period with prostitution.

Sixth, serious unlawful gambling offenses committed during the statutory period.

Please note that USCIS may not approve your citizenship case if you have filed the naturalization application while on probation or parole.

Furthermore, USCIS may also deny good moral character for bad acts during the statutory period not on this list. This conduct might include failure to provide child support and failure to pay taxes. If you have divorced during the statutory period or have a formal or informal child custody agreement, you might be affected by these issues. If so, you’ll want to clear this up before applying for naturalization.  Overall, each case is different therefore, it is important to consult with an attorney first.  After obtaining clarification of such matters, you may contact our office at 954-254-5883 at affordablelegalpapers.com to assist you with all application and translation of documents.