A permanent resident seeking U.S. citizenship must disclose all past criminal records if any. This requirement is because USCIS needs to verify that the applicant has good moral character before granting citizenship.
Usually, USCIS focuses on crimes committed within the five years prior to the citizenship application date (or three years if the applicant obtained a green card through marriage to a U.S. citizen). However, this timeframe is not absolute. USCIS may consider records older than five years, as it evaluates all possible circumstances during the review process.
The key point is that any event that could be considered a crime or even suspected criminal activity, regardless of how long ago it occurred, should be disclosed. If an applicant fails to reveal something and USCIS later discovers it, the application may be denied for misrepresentation. Even if the applicant has already been granted citizenship, it could be revoked. Therefore, it is safer to seek assistance from an attorney to ensure thorough preparation of all required documents.
Situations That Bar Citizenship
Depending on the type of crime, an applicant may be permanently or temporarily prohibited from applying for citizenship.
Committing murder or an aggravated felony results in a permanent ban from citizenship. This standard is firmly established by law, leaving no discretion for even USCIS to alter it. Consequently, anyone who falls under these categories will not be able to apply for citizenship in the future.
Although there is no single precise definition of an aggravated felony, a variety of offenses may be categorized as such under USCIS regulations. Even minor crimes may be recognized as aggravated felonies depending on the circumstances. The following are examples of offenses considered aggravated felonies:
- Sexual assault
- Sexual abuse of a minor
- Drug trafficking
- Fraud
- Illegally assisting the entry of foreign nationals (excluding a spouse, child, or parent)
- Any other offense USCIS deems to be an aggravated felony
Other crimes may temporarily bar an individual from applying for citizenship. Typically, the bar lasts for five years, but it may be three years if the applicant obtained a green card through marriage to a U.S. citizen. The following are examples of offenses that may temporarily bar citizenship applications:
- Prostitution
- Drug possession
- Illegal gambling
- Fraud
- Any other offense recognized by USCIS
In addition, serving 180 days or more in prison or having two or more sentences that add up to at least five years can also temporarily bar citizenship.
Additional Details
An applicant must disclose not only criminal records but also any arrests, dismissed cases, or incidents that did not lead to formal arrest. This is necessary for determining the applicant’s moral character, and any omissions could lead to a denial of the application or even revocation of citizenship if discovered later. The following documents may also be required:
- Official statements from the court or relevant agencies
- Original or officially certified copies of records issued by the court or relevant agencies
- Tax documents or certificates obtained from tax authorities
- Any other documents requested by USCIS
Evaluation of Moral Character
In assessing moral character, USCIS reviews not only the criminal record but also other behaviors or actions. If an applicant has engaged in conduct suggesting questionable moral character beyond the crimes specified above, it could significantly impact the application. For example, USCIS may consider whether the applicant cooperated with law enforcement and the courts, whether they engage in habitual drinking or possess illegal weapons, and whether they have consistently fulfilled tax and financial obligations.
Consulting an Attorney
Many applicants who prepare their documents without legal assistance end up facing removal (deportation). This is because USCIS might find the applicant’s criminal activity to be a deportable offense while reviewing the file. Therefore, it is advisable to seek the help of an attorney when preparing documents.