Can You Apply for Citizenship with a Criminal Record?

Applying for U.S. citizenship is a significant milestone for many immigrants, but those with a criminal record often worry if their past will prevent them from achieving this dream. It’s natural to feel uncertain or even apprehensive about how past legal issues might affect your eligibility. The good news is that having a criminal history doesn’t automatically disqualify you from becoming a U.S. citizen. However, understanding the process, requirements, and potential obstacles is essential.

Below, we’ll explore what you need to know about applying for citizenship with a criminal record and provide guidance on how to address common concerns.

Key Considerations for Citizenship Applications with a Criminal Record

When reviewing Form N-400, Application for Naturalization, U.S. Citizenship and Immigration Services (USCIS) evaluates the applicant’s “good moral character.” This term encompasses more than just law-abiding behavior; it includes honesty, reliability, and respect for civic duties. Here are key aspects USCIS considers:

• Severity of the Offense:
  • Minor Infractions, such as speeding tickets, generally don’t affect your moral character determination.
  • Serious Crimes like felonies, drug trafficking, or child abuse may lead to an automatic denial and could result in deportation proceedings.
• Time Frame:
  • USCIS typically reviews your conduct within the required statutory period—usually the five years before filing (or three years for spouses of U.S. citizens). However, past offenses outside this period may still raise concerns, especially if they suggest ongoing issues.
• Rehabilitation Evidence:
  • Demonstrating rehabilitation is critical. Positive changes, such as completing community service or attending counseling programs, can offset past mistakes and show that you’ve turned your life around.

Steps to Take Before Applying

Consult an Immigration Attorney:

This is one of the most crucial steps if you have a criminal record. An experienced attorney can:

• Help you assess your eligibility.
• Review your criminal history and determine whether it involves “crimes of moral turpitude,” which are heavily scrutinized by USCIS.
• Develop strategies to present your case effectively.

Obtain Certified Records:

Gather all court or arrest documents detailing your criminal history. USCIS will request these records, so having them prepared ensures a smoother review process.

Prepare a Personal Statement:

If applicable, include a letter explaining the circumstances of your offense, your growth since the incident, and evidence of rehabilitation.

Provide Supporting Evidence:

Examples of materials that demonstrate good moral character include:

• Letters of recommendation from employers, religious leaders, or community organizations.
• Proof of community involvement or volunteer efforts.
• Certificates from completed rehabilitation programs.

Common Concerns and How to Address Them

• “Will my application automatically be denied?”

Not necessarily. USCIS examines each case individually, weighing factors like the nature of the crime, time elapsed, and evidence of rehabilitation. Many applicants with minor offenses have successfully naturalized.

• “Can USCIS deny my application and remove me from the U.S.?”

This is possible for serious crimes, especially if they make you deportable. An attorney can help mitigate these risks and prepare your application accordingly.

• “What if I can’t find all the documents?”

If you cannot obtain specific records, provide an explanation and submit additional evidence, such as affidavits, to address any gaps.

Contact Us

Applying for citizenship with a criminal record can be complex, but it’s not impossible. By seeking legal guidance, gathering thorough documentation, and demonstrating rehabilitation, you can put yourself in a strong position to succeed. Remember, USCIS values honesty and transparency. Provide accurate information to avoid complications.

If you’re unsure about your eligibility or how to proceed, the compassionate team at Sverdloff Law Group is here to help. Contact us today for personalized advice and unwavering support as you take this important step toward achieving your American dream.