Becoming a U.S. citizen is a dream for many immigrants. But what happens if you have a criminal history? Can you apply for citizenship with a criminal record? The path to citizenship can feel complicated and intimidating, especially if you’ve faced legal challenges in the past. However, a criminal conviction doesn’t always mean you’re ineligible for naturalization.
In this blog, our immigration lawyer for citizenship breaks down what you need to know about applying for citizenship with a criminal record and how working with skilled immigration lawyers in Tulsa, Oklahoma can make all the difference.
Understanding the Basics: Criminal Records and Citizenship Applications
When you apply for U.S. citizenship through naturalization, the United States Citizenship and Immigration Services (USCIS) will carefully review your application. Part of this review includes checking your criminal history. USCIS wants to ensure that applicants demonstrate “good moral character,” which is a legal requirement for naturalization.
But what does “good moral character” mean? It generally refers to behavior that follows the laws and values of the United States. While certain crimes automatically disqualify you, others may not prevent you from becoming a U.S. citizen.
How USCIS Evaluates Good Moral Character
When assessing good moral character, USCIS will look at the following:
- The severity of the offense
- How long ago it occurred
- Whether you’ve shown rehabilitation (e.g., completing probation, staying out of trouble)
- Your contributions to your community (e.g., volunteering, steady employment, family support)
Even if you have a criminal record, USCIS considers the full picture of your life. This is why it’s so important to present a strong case with the help of a skilled citizenship lawyer.
Crimes That Can Affect Your Citizenship Application
Not all criminal records are treated equally. Here are three categories to consider:
1. Crimes That Automatically Bar Citizenship
Some offenses permanently prevent you from being eligible for citizenship. These include serious crimes like murder or aggravated felonies (e.g., drug trafficking, certain theft, or violent crimes). If you are convicted of one of these crimes, USCIS will deny your application.
2. Crimes That Cause Temporary Ineligibility
Other offenses may make you ineligible for a specific period, such as:
- Crimes operating or participating in illegal vice activities
- Crimes involving moral turpitude
- Crime related to illegal drugs
During this time, you must demonstrate good moral character to regain eligibility.
3. Crimes That May Be Overlooked
Minor infractions, like traffic violations or misdemeanors, usually don’t impact your application. However, failing to disclose them can create issues. Even misdemeanors like resisting arrest can affect your application if not disclosed. Always be honest about your criminal history.
The Importance of Full Disclosure
Hiding or failing to report a criminal record is one of the worst mistakes you can make during the naturalization process. You must disclose all crimes committed, regardless of severity, to avoid complications.
USCIS will run a thorough background check, so any undisclosed offenses will likely come to light. Being upfront and honest builds trust and gives you the chance to explain your circumstances and show how you’ve turned your life around.
Non-Criminal Violations That Can Impact Your Application
While criminal records are a significant factor in citizenship applications, non-criminal violations can also affect eligibility. These violations include:
- Traffic Violations: Minor traffic violations may not significantly impact your application, but more severe violations, such as DUIs, can raise concerns about your good moral character.
- Tax Violations: Failing to pay taxes or file tax returns can raise questions about your honesty and integrity, which are crucial for demonstrating good moral character.
- Immigration Violations: Violations of immigration laws, such as overstaying a visa or working without authorization, can impact your eligibility for citizenship.
Disclosing all non-criminal violations on your citizenship application is essential. Failure to do so can result in the denial of your application. A citizenship lawyer can help you understand the impact of these violations on your application and ensure that you provide all necessary documentation.
How an Immigration Lawyer Can Help
Applying for citizenship with a criminal record is a complex process, but you don’t have to navigate it alone. An immigration attorney can help you overcome legal challenges and achieve your American dream. Here’s how we can assist:
- Assessing Your Case: An immigration lawyer for citizenship will review your criminal record and determine how immigration law applies to your citizenship application.
- Building a Strong Application: Your lawyer can help you gather evidence to show rehabilitation, good moral character, and your contributions to society.
- Representing You Before USCIS: If USCIS raises concerns about your record, your lawyer can advocate on your behalf and clarify misunderstandings.
We understand that everyone makes mistakes. We believe your past shouldn’t define your future. With our team by your side, you’ll never face the system alone.
Lastly, it is important to review your case with an immigration lawyer before applying for citizenship if you have a criminal record because the application could trigger USCIS to begin proceedings to remove your lawful permanent residence if your criminal act makes you deportable. Not all criminal convictions trigger deportability, but some may. It is important you consult an immigration lawyer to prevent not only the denial of your citizenship application, but also the removal of your lawful permanent residence.
Steps to Take Before Applying for Citizenship
If you have a criminal record, following these steps will help improve your chances of success:
- Consult a Citizenship Lawyer: Before submitting your application, talk to a knowledgeable citizenship lawyer to evaluate your situation and prepare a strong case. Addressing your criminal past can improve your chances of a successful application.
- Request Your Criminal Record: Obtain official documentation of your arrests, charges, and convictions. This will help your lawyer assess your eligibility.
- Complete Any Court-Ordered Requirements: If you’re on probation or have outstanding fines, make sure to fulfill these obligations before applying.
- Demonstrate Good Moral Character: Focus on positive activities, such as maintaining steady employment, volunteering, and avoiding further legal trouble.
Don’t Let Your Past Hold You Back from Making Your American Dream an American Reality
At Rivas & Associates, we believe in Empowering Immigrants and Building Futures! We are more than just your legal team. We are your partners in building a better future. Most of our team members are first-generation immigrants or have experienced the immigration system firsthand. We know how high the stakes are for you and your family, and we’re committed to guiding you every step of the way.
Searching for “immigration lawyers in Tulsa, Oklahoma” or an “immigration lawyer for citizenship“? Look no further. Contact us at (844) 37-RIVAS(844) 37-RIVAS or complete our confidential online form to schedule your consultation. Together, we pursue your American Dream and seek positive results for you and your family. With Rivas & Associates, you will never face the system alone.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Rivas & Associates
2930 S Yale Ave
Tulsa, OK 74114
(844) 37-RIVAS(844) 37-RIVAS
https://www.rivasassociates.com/
