Some crimes are considered serious enough that if you are convicted of committing one of them, you are permanently blocked from naturalized U.S. citizenship. Other crimes might only delay your ability to become a U.S. citizen. Also, certain sentences imposed on you for committing a crime and a certain amount of time spent in jail or prison can delay your U.S. citizenship. Read on to find out whether you should wait to apply for U.S. citizenship in light of your criminal history, including:
- the importance of showing good moral character
- problems for citizenship applicants with crimes of moral turpitude or drug crimes on record
- other criminal convictions that can delay or destroy one's citizenship chances, and
- if you can still apply for citizenship despite a criminal record, documents you'll need to prepare.
Good Moral Character Requirement for Naturalized U.S. Citizenship
When you apply for U.S. citizenship, you are going to be asked about your criminal history in the United States and abroad. On the N-400 Application for Naturalization, U.S. Citizenship and Immigration Services (USCIS) will ask several dozen yes-or-no questions designed to find out whether you have ever committed a crime, been sentenced for a crime, or spent any time in jail or prison.
USCIS asks these questions as part of its test of your moral character. You must prove that you have been a person of good moral character during at a minimum, the five years before filing your N-400. That time drops to three years if you will be filing under rule that allows spouses of U.S. citizens to apply after three years of permanent residency in marital union with that person.
Anyone who has committed a crime during the relevant period may be found to lack good moral character, whether the crime resulted in a conviction or not. It depends on what the crime is. Also, anyone who has spent a certain amount of time in jail or prison during the relevant period, or who has been sentenced to a certain amount of time in jail or prison for a crime committed during the relevant period (whether that sentence was actually served or not) may be found to lack good moral character.
If you were ever convicted of murder or of an aggravated felony committed after November 29, 1990, and haven't received a pardon, you can never show good moral character. That means you are permanently ineligible for U.S. citizenship.
But for other crimes, such as the ones described below, waiting until the crime is five years in your past (or three, if you qualify for the spousal exception) gives you a solid chance of being approved.
How a Crime of Moral Turpitude or a Drug Offense Impacts Citizenship Eligibility
If you were convicted of a “crime of moral turpitude” committed during the relevant period, you will be found to lack good moral character. There is no precise list of crimes of moral turpitude (CIMT). You should consult with an immigration lawyer who specializes in the immigration consequences of criminal activity to find out whether the crime you committed can be considered one involving moral turpitude.
There are only two exceptions to the crime of moral turpitude rule. One is if the crime was a purely political offense. (Consult with a lawyer if you think this exception might apply.)
The other is for a “petty offense.” A petty offense is one for which the most you could be sentenced to prison is one year and, if you were convicted, you weren’t actually sentenced to more than six months.
If you violated any law anywhere in the world relating to a controlled substance (drug) during the relevant period, you will be found to lack good moral character. You don’t even need to have been convicted. The only exception is a single offense for simple possession of 30 grams or less of marijuana.
If you admit to committing an offense described above during the relevant period, you will be found to lack good moral character. You don’t even need to have been arrested or charged with anything. An admission usually has to be formal and on the record. The N-400 will ask “Have you ever committed, assisted in committing, or attempted to commit a crime or offense for which you were not arrested?” Answering yes to that question will constitute an admission.
Other Criminal Activity That Impacts U.S. Citizenship Eligibility
If you have been convicted of committing two or more gambling offenses during the relevant period, you will be found to lack good moral character.
Other types of offenses, if you have a criminal history relating to them during the relevant period, will lead to a finding of bad moral character. They are prostitution and commercialized vice, smuggling persons into the United States, polygamy, and illegal gambling activities.
Finally, failure to pay child support, providing false information or documentation to get an immigration benefit, or any other “unlawful act” committed within the relevant period can lead to a finding of bad moral character, which means that just about any criminal activity within the relevant period could delay your eligibility for U.S. citizenship. There is an exception for “unlawful acts,” however. If you can prove that there were “extenuating circumstances” that caused you to commit the bad act, you will not be found to lack good moral character. Extenuating circumstances are things, usually outside your control, that made complying with the law difficult or impossible.
Criminal Sentences That Can Delay Eligibility for U.S. Citizenship
If you were convicted of two or more offenses of any type, committed during the relevant period, and your combined sentences from all convictions were five years or more, you will be found to lack good moral character. It doesn’t matter how long you actually spent in jail or prison. The only exception to this rule is that sentences from purely political offenses committed outside the United States don’t count.
If you were in jail or prison during the relevant period for a combined total of 180 days or more because of any one or more convictions (for any type of offense), you will be found to lack good moral character.
Documents to Bring to Your U.S. Citizenship Interview
If you answer “yes” to any of the crime-related questions on the N-400, you should complete the table that asks for information about arrests and case dispositions, and if necessary, attach additional sheets explaining why you answered “yes” to any question.
At your citizenship interview, a USCIS officer will ask to see documentation concerning your criminal history, regardless of whether the records have been expunged or sealed. (You can also send the documents with your N-400 if you want to.)
If you have ever been arrested or detained anywhere in the world, by any law enforcement officer, for any reason, but no charges were filed because of it, get an original or court-certified arrest report and an official, certified statement from the arresting agency or applicable court confirming that no charges were filed. Sometimes police agencies don’t have arrest reports for incidents that happened a long time ago. In that case, try to get an official statement from the police agency that no record exists.
A traffic stop that resulted in a minor ticket only, without you being further detained, is not considered an arrest. You must submit documentation of traffic incidents only if the incident involved alcohol or drugs, the incident led to an arrest, or the incident seriously injured another person. You do not need to submit documentation for traffic fines or incidents that did not involve an arrest or did not involve drugs or alcohol, if the only penalty was a fine of less than $500 or points on your driving record.
If criminal charges have ever been filed against you, get certified photocopies of all arrest reports, charging documents, court dispositions, sentencing reports, and any other relevant documents.
If you were ever convicted or placed in an alternative sentencing program (such as diversion) or rehabilitative program (such as a drug treatment or community service program), get an original or court-certified sentencing record for each incident, and evidence that you completed your sentence. This might include a certified copy of your probation record, parole record, or a document showing that you completed an alternative sentencing program or rehabilitative program.
If you have ever had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record, get the original or a court-certified court order doing that. If no such order exists, get an original statement from the court that no record exists of your arrest or conviction. You must provide this documentation even if someone—including a judge, law enforcement officer, or attorney—told you that you no longer have a record or told you that you do not have to disclose the information.
You can give USCIS any additional evidence in your favor concerning the circumstances of your arrests or convictions and USCIS will consider it.
Do I Need to Hire a Lawyer?
In any situation involving crimes or arrests, it can be essential to consult an experienced immigration attorney. Have a look at Applying for U.S. Citizenship: How Much Do Lawyers Cost and Are They Worth It?