Without Green Cards, Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation, Visa Waiver Program for Brief Visits to the U.S. A criminal record is a record of any contact with the police and the court system. Citizenship. If you have ever had to pay a fine to a court, or if you were given a ticket that you paid, it's a safe bet that you have been convicted of breaking the law. In order to improve the possibility of being granted citizenship, you should take some steps to try to demonstrate that you are a good person. For instance, they will look for any arrests, citations, or any violation of the law that is on a person's record. If you have been convicted of a crime, it is crucial that you consult with an immigration attorney before you apply for U.S. citizenship. This includes any traffic tickets, although USCIS doesn't always require court records for traffic tickets. It's obviously not good news if you have been convicted of a crime. On the other hand, if you were not drinking, or if you got a speeding ticket instead of a ticket for fishing without a license, the immigration officer has the discretion to decide that this single conviction doesn't mean you lack good moral character, and approve your case. Some crimes make you temporarily ineligible for citizenship according to law. United States Citizenship and Immigration Services (USCIS) generally allows individuals with criminal convictions to apply for citizenship. Those living in the U.S. on a green card or non-immigrant visa can apply after five years. If you are applying for citizenship (naturalization) in the U.S. and have a criminal record, you should consult an immigration attorney first as the laws in this area are highly complex. 3. Arrested, But Case Dismissed: Can Immigrant Still Get U.S. Citizenship? Once your waiting period is over, you can file for citizenship as normal. Citizenship. If you have committed a crime that is not on any of the lists described above, you are not automatically barred from citizenship. Do you know how hard it is to find a lawyer that you can trust? Records | USCIS VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S. How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status, Work Authorization for Foreign Nationals Without Green Cards, How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status, Humanitarian Parole for Foreign Nationals With Compelling Needs, Advance Parole for Foreign Nationals Living in the U.S. Remember, even one conviction during the GMC period will allow the examiner to consider your entire record, both during and before the GMC period. The types of aggravated felonies that fall under this category may surprise you. USCIS normally decides these things on a case-by-case basis. If you are still on probation or have not completely paid a fine, you will not qualify to naturalize. The first is that even a minor violation during the GMC period allows USCIS to consider your entire record, not just the GMC period. USCISs definition of aggravated felony includes many crimes that you would expect; such as rape, sexual abuse of a minor, drug trafficking, firearm trafficking, racketeering, running a prostitution business, child pornography, and fraud of $10,000 or more. Can I File for U.S. Citizenship if I Have a Criminal Record Applying for US Citizenship with a Criminal Record | Prizant Law Becoming a U.S. Citizen Under Naturalization Law. Contact our experienced immigration lawyers in New York City today at 718-407-0871 or online at https://www.prizant-law.com/ for creative solutions to our clients complex immigration problems. These temporary bars can be instigated by a number of convictions, offenses, or activities that you would commit during your normal naturalization period. Filing For U.S. However, the decision of whether or not you'll actually receive citizenship will depend on the nature of your crime. Justia offers a lawyer directory to simplify researching, comparing, and contacting attorneys who fit your legal needs. Citizenship. But at least you will have a chance to prove that the good side of your character outweighs your past bad acts. Some crimes make a person only temporarily ineligible for citizenship. For this reason, you should generally wait at least 5 years after a criminal conviction before you try to apply for citizenship. This will help you further establish your good moral character, and is considered to give you a larger chance for success. Some crimes impose a permanent bar on citizenship, while others impose a temporary bar. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.No content on this site may be reused in any fashion without written permission from www.prizant-law.com. Say you had a DUI conviction six years ago. How Can U.S. Having A Criminal Record. Once your waiting period is over, you can file for citizenship as normal. The U.S. naturalization exam will include several sections which test your basic knowledge of U.S. history, government, customs, and more. Contact one of our experienced immigration lawyers in New York today at 718-407-0871 or online at https://www.prizant-law.com if you need help with Applying for US Citizenship with a Criminal Record or any other solutions to your immigration problems. Because a conviction for breaking the law can range from a ticket for jaywalking (crossing a street outside of a crosswalk) to murder, it helps to break convictions into five different classes in order to understand GMC. A DUI conviction doesnt necessarily bar you from applying for U.S. citizenship. The types of aggravated felonies that fall under this category, USCIS refers to these restrictions as conditional bars., (h) Waiver of subsection (a)(2)(A)(i)(I), (II), (B), (D), and (E), USCIS Policy Manual Chapter 5 Conditional Bars for Acts in Statutory Period, Driving Under the Influence (DUI) in Virginia: The Ultimate Guide., How to Replace a Lost, Stolen, or Damaged Green Card, Waiving the Joint Filing Requirement for Form I-751. 2020 - 2023 Prizant Law. Citizenship and Immigration Services (USCIS) will consider that conviction in deciding whether you have proven your good moral character. As one common example of a crime that doesnt appear on those lists, we can take a look at driving under the influence of drugs or alcohol (DUI). This quote references most crimes involving moral turpitude. I wouldnt be in school right now if it wasnt for Jacob and his team. If you do decide to apply for U.S. citizenship, you will have to fill out a Form N-400. Alternatively, we can be reached at 518-457-9847 or 518-485-7675 between 8 a.m. and 4 p.m. Monday through Friday (except legal holidays). For further reference, those numbers are not arbitrary. See Title 8 of the Code of Federal Regulations (8 CFR).Most of the corresponding regulations have been promulgated by legacy INS or USCIS. It may consider issues such as whether the foreign national cooperated with law enforcement, whether alcohol or drug abuse was involved, whether a weapon was involved, and whether a victim suffered any injuries. One question clients frequently ask is whether they can ever become a U.S. citizen if they have a criminal record. That means appearing before an immigration judge in immigration court. That can mean waiting five years from the date of your last arrest before submitting your application for U.S. citizenshipor not applying at all. This can occur because a government intended to oppress you under the color of law for racial, political, or religious reasons. Can I Naturalize Even Though I Didnt Register for the Selective Service? Criminal Bars to Citizenship - Justia Basically, in order to gain citizenship in the United States, you need to act like a good citizen. This can refer to crimes committed either in the U.S. or in another country, although there are exceptions if you are a refugee or asylum seeker who was subject to improper prosecutions by your government. Some examples of these types of crimes include: In some cases, these crimes may count as misdemeanors instead of felonies. In other words, a misdemeanor might count as an aggravated felony. For this reason, you should generally wait at least 5 years after a criminal conviction before you try to apply for citizenship. For immigration purposes, this record can never fully be wiped clean. As far as USCIS is concerned, good citizens never commit crimes that are intrinsically wrong.. There are no absolute rulesthe law gives USCIS discretion to decide whether or not you have proven that you have good moral character. Applying for Naturalization Five Years After a Crime | Grey Law Note however that this isnt a complete list of all bar-worthy crimes, just the most common ones: USCIS can also give you a permanent bar for certain crimes that lead to imprisonment for longer than 1 year. However, they always take your full criminal history into account. Further, USCIS will run your fingerprints and name through a variety of databases, so it is better to be safe than sorry in this case. Part of proving that you have good moral character is registering for the Selective Service, provided you are required to do so. Can U.S. Citizens Legally Hold Dual Citizenship? The officer still can, and may, deny you. AF is a permanent bar to GMC, and thus to Judge bars Trump from disclosing evidence in documents case Some criminal offenses (though not all) can be reason for an automatic denial of citizenship. Inspections of Foreign Nationals Seeking to Legally Enter the U.S. Attempts also count for this bar, By practicing polygamy, either in your current lifestyle or in your past, If you have two or more gambling offenses or your main source of income stems from illegal gambling, If you are or used to be a habitual drunkard, If you have failed or refuse to support your dependents, unless there are outside circumstances that can prove that it was not willful, If you have committed adultery, unless you have extenuating circumstanced that can be proven, If you have committed an unlawful act that tends to suggest against having a good moral character, unless you can establish that there were extenuating circumstances. Even if youve committed only a minor crime, U.S. For applicants who have committed serious crimes, obtaining a green card will likely be impossible. 118-21 Queens Blvd Suite 507