Will a Criminal Background Prevent Naturalization?
To become a U.S. citizen, applicants will need to prove their “good moral character.” Any criminal conviction already casts a shadow over a person’s character, although not all convictions will prevent you from becoming naturalized. The Law Office of Jason M. Sullivan can meet to go over your criminal history and discuss any hurdles you will face. Contact us to schedule a private consultation.
Analyzing Your Criminal Background
A criminal conviction might be a permanent bar to becoming a citizen, while other crimes are more likely to prevent naturalization if they occur within the past five years.
Permanent Bars
Certain serious crimes will prevent a person from becoming a citizen, regardless of when the crime happens. Felonies like murder, rape, drug trafficking, sexual abuse, money laundering, and certain fraud offenses fall in this category. These are particularly egregious crimes, so anyone convicted of one will never be a citizen.
For example, if you are convicted of murder 25 years ago, then that is a permanent bar to finding you have good moral character, even if the crime happened outside the U.S.
Other Crimes within the Statutory Period
Other crimes will prevent naturalization if they occurred within the past five years. Some examples include domestic violence, drug offenses, fraud, theft, and assault with the intent to harm. If these are recent offenses (within the past 5 years), then you will probably have to wait.
Other disqualifying crimes include:
- Prostitution
- Habitual drunk driving (multiple DUIs)
- Illegal gambling
- Lying to obtain immigration benefits
In fact, any conviction that results in at least 180 days behind bars is a disqualifying offense, as are multiple criminal offenses for even minor offenses.
A word about convictions outside the five-year statutory period: the government can still consider them, even when they happen outside the statutory period. Indeed, they might show a pattern of criminal conduct which extends all the way to the present. It is best to be upfront with your attorney about your full carinal history, including any crimes committed outside the United States before emigrating.
Failing to Support Defendants
Although not necessarily a crime, failure to support children can operate as a bar to naturalization. For example, you might have failed to pay child support for the past two years. That fact will certainly come up if you are hoping to become a U.S. citizen since it reflects poorly on your moral character.
Contact Our Law Office to Discuss Naturalization and Citizenship
Immigration law is unwieldy, and many people are unsure of whether they are eligible to become a U.S. citizen. Call our law office to speak with a Portsmouth, New Hampshire citizenship and naturalization lawyer in a private consultation.
Anyone seeking to become naturalized should expect an in-depth review of their criminal background to anticipate problems coming down the road. We don’t believe in any surprises. We can discuss options if it appears your criminal history could prevent you from realizing your dream of becoming a U.S. citizen. Contact us today. We also help those in Miami, Florida.
Source:
uscode.house.gov/view.xhtml?req=%28title:8%20section:1101%29