Q: Are there crimes that permanently bar you from applying for U.S. citizenship?

A: Crimes affecting citizenship eligibility fall into two categories:
1) Crimes that permanently disqualify, and
2) Crimes that temporarily disqualify an applicant.
Crimes that permanently bar you from applying for naturalization include:

  1. Murder

  2. Aggravated felonies – In immigration law, an “aggravated felony” refers to serious crimes regardless of whether they are federal, state, or foreign violations. It includes crimes with a sentence of more than one year or with serious moral implications. Examples include: illegal entry, drug crimes, fraud, forgery, rape, money laundering, and more. Even if a crime is considered a misdemeanor under state law, it may be classified as an aggravated felony under immigration law. Note: This applies to crimes committed after October 29, 1990.

  3. Crimes that lead to deportation – These may overlap with aggravated felonies but generally include crimes punishable by more than one year of imprisonment.

Q: What are crimes that temporarily disqualify someone from applying for citizenship?

A: If you have been convicted of certain crimes within 3 or 5 years before filing your application, you may be temporarily ineligible. Examples include:

  • Crimes involving moral turpitude (CIMT)

  • Two or more offenses with a combined sentence exceeding 5 years

  • Sentences involving more than 180 days of actual incarceration

  • Prostitution

  • Some drug-related offenses

  • Adultery (if it indicates a lack of good moral character)

Even after the 5-year period, these past records may still affect your Good Moral Character (GMC) assessment.

Q: How does a DUI affect citizenship eligibility?

A: DUI (Driving Under the Influence) is one of the most common criminal charges.
In general, a simple DUI is not a disqualifying factor for citizenship.
However, it can become a problem if aggravating circumstances exist—such as driving without a license, driving intoxicated with a child in the car, or multiple DUI offenses—at which point it may be considered a CIMT.

Q: Can someone still obtain citizenship even with a criminal record?

A: Yes, there are exceptions even for individuals with disqualifying records:

  1. Petty Offense Exception
    A single minor CIMT may not bar citizenship if:

    • The maximum penalty is under 1 year, and

    • The actual sentence was less than 6 months.

  2. Political Offenses
    Offenses that were purely political in nature and punished by foreign governments due to race, religion, or political opinion may not disqualify a person.

  3. Juvenile Offenses
    If the crime occurred before the age of 18 and more than 5 years have passed since then, even an aggravated felony may not permanently bar citizenship.

  4. USCIS Discretion
    Immigration officers may exercise discretion in determining whether you possess Good Moral Character, considering your full background and context.

For Inquiries:
📞 (714) 295-0700 | (213) 285-0700
📧 greencardandvisa@gmail.com
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