Criminal Records
A permanent resident petitioning for citizenship must disclose all past criminal records. This is because USCIS wants to verify that the applicant meets the requirement of “good moral character” before granting citizenship.
Typically, USCIS examines all criminal records within the five years preceding the application date (or three years if you obtained a green card through marriage to a U.S. citizen) to determine whether the applicant has any factors disqualifying them on moral grounds. However, these time frames are not absolute. Because USCIS considers every possibility during the review process, records older than five years can also impact the outcome.
It is crucial to disclose any and all crimes and suspected offenses, regardless of how long ago they occurred. If you fail to fully disclose and USCIS discovers the information later, they may deny your application for making a false statement. Even if you have already obtained citizenship, it may be revoked. Therefore, it is safer to prepare your documents thoroughly with the assistance of an attorney.
Situations Where Citizenship Application May Be Barred
Depending on the type of crime, a citizenship application can be permanently or temporarily barred.
If you commit murder or an aggravated felony, your application for citizenship will be permanently barred. This standard is firmly established by law, leaving no discretion even for USCIS to alter it. Therefore, if this applies to you, you will be unable to apply for citizenship in the future.
Although there is no single definitive list of what constitutes an aggravated felony, many types of crimes can be classified as such. You can check USCIS regulations to see which offenses are included. In some circumstances, even a minor misdemeanor can be treated as an aggravated felony. Examples of offenses considered aggravated felonies include:
- Sexual assault
- Sexual abuse of a minor
- Drug trafficking
- Fraud
- Knowingly assisting the illegal entry of a foreign national (excluding a spouse, child, or parent)
- Other offenses classified as aggravated felonies by USCIS
Other types of crimes may temporarily bar you from applying for citizenship. Typically, this bar lasts for five years; however, if you obtained your green card through marriage to a U.S. citizen, it may be three years. Examples of offenses that can result in a temporary bar include:
- Prostitution
- Drug possession
- Illegal gambling
- Fraud
- Other offenses recognized by USCIS
If you have served a total of 180 days or more of jail time, or if two or more convictions result in a combined sentence of five years or more, your citizenship application may also be temporarily barred.
Additional Details
On your application, you must disclose not only criminal records, but also any arrests, cases that were dismissed by the court, and incidents that did not result in formal arrest. These disclosures are required so USCIS can evaluate your moral character. As mentioned earlier, failing to disclose everything and allowing USCIS to discover it later may lead to a denial of your application for making a false statement, or even revocation of citizenship. You may need to prepare documents such as:
- Official statements from the court or relevant agencies
- Original or certified copies of court or agency records
- Tax documents or proof of payment obtained from the tax authority
- Any other documents requested by USCIS
Assessment of Moral Character
In evaluating an applicant’s moral character, USCIS considers not only criminal records but also additional behaviors and factors. If there are any actions that raise doubts about your moral character, even if they fall outside the crimes mentioned above, they can significantly affect the application. For instance, USCIS may examine whether you cooperated with law enforcement and the courts, whether you have a history of habitual intoxication or possession of illegal weapons, and whether you have consistently fulfilled your tax and financial obligations.
Consult an Attorney
Many applicants who prepare their documents without legal assistance end up facing deportation. This is because USCIS may find the applicant’s criminal record to be a basis for removal during the review of the file. Accordingly, it is best to seek help from an attorney when preparing your documents.