Equally important is having a clean bill of health; years ago, I took an engagement from a wealthy gentleman who seemed to have countless citizenship options until he advised me he was HIV positive. Not only can an immigration attorney help you determine what affect your criminal history will have on your ability to get an adjustment of status, Green Card, visa or citizenship, but they can help you get a waiver. For example, if the officer has reason to believe that you abuse or have abused alcohol in light of multiple past arrests. We recommend that you consult an attorney if you have any criminal record, especially if it involves arrests or convictions during the five-year period prior to your naturalization. We'll keep you posted on that. Unfortunately, USCIS often delays on making a decision when a naturalization applicant has a criminal history.
Below you will find answers to the most commonly asked questions. If you've paid your debt to society, aren't wanted, and have changed your life, you should be able to start a new chapter. Note to Reader: This post was originally published on May 2, 2017, and has been modified with improvements. How Do I Know Which USCIS Service Center? There are certain crimes that will result in a permanent bar from American citizenship. You will still need to disclose this information regardless of whether or not your case was dismissed. Juvenile convictions, convictions from certain vacated judgments, and pardoned convictions before the statutory period will not affect the officer's decision on your character. However, these countries don't allow admission to those with criminal records as simple as a DUI. Padilla v. Kentucky – US Supreme Court – Duty of Counsel in Criminal Proceedings to Warn Client About Deportation Consequences of Plea (3-31-10). Duty of Criminal Defense Counsel Representing An Immigrant Defendant After Padilla v. Kentucky (IDP Practice Advisory). Bribery, Counterfeiting, Forgery, or Trafficking in Vehicles. Types of crimes that must be declared. Examples of crimes that result in a temporary bar include prostitution, solicitation, drug possession, and more minor forms of fraud.
The US provides detailed explanations of what crimes must be included on any application for US citizenship. An aggravated felon entering or re-entering the U. illegally. In general, having a criminal record may call into question whether a foreign national has the good moral character required to become a citizen. Petty Offense Criminal Records. If USCIS finds you lack good moral character, you can potentially be deported. However, federal law still considers marijuana a Schedule 1 controlled substance. As a general rule, you should avoid applying for citizenship if you've been convicted of any crime within the last 5 years.
Editor's Note: For more information on Virginia's DUI laws, see: "Driving Under the Influence (DUI) in Virginia: The Ultimate Guide. An aggravated felony or an offense punishable by long-term imprisonment may prevent an applicant from naturalizing forever. Keep in mind the USCIS has the authority to conduct other background investigations if they deem it necessary. Crimes involving illegal drugs. It will just be slightly more difficult since the reviewing officer will consider how your criminal record speaks to your good moral character. Crimes of moral turpitude include (but are not limited to): - Any crime for which you were incarcerated for 180 days or more. There are exceptions for applicants married to U. citizens and those working for the U. government overseas. An experienced immigration attorney can help you analyze the best strategy for achieving citizenship, even if you have a criminal record. The list of what constitutes an aggravated felony is extensive and can be found here.
The criminal history that you need to disclose on Form N-400 goes beyond your record of convictions. If you've previously had dealings with the police or might have something on your criminal record, which could be a concern to the immigration officials, it would be a good idea to get your own preliminary background check done first. If you're worried that a criminal record can be holding you back, be sure to look into your options. You may also present any evidence of extenuating circumstances, provided they occurred prior to the illegal acts. Boatbod said:I suspect what I'm about to say may be considered controversial.
Tax non-compliance is a no-go for citizenship by investment programs because they are so conscious of tax fraud. Applicant committed any crime related to illegal drugs other than a single offense involving 30 grams or less of marijuana. You must make sure that your application for naturalization is true and accurate when filed. Some serious felonies can result in USCIS having you deported as well. Further, if you have innocently or mistakenly committed these criminal acts, it is still important to speak to a lawyer if you feel that it could inhibit your ability to gain citizenship. Juvenile Criminal Records. So what does it mean to be "convicted" of a crime for immigration purposes? Common Reasons for a Temporary Bar. Crimes against moral turpitude typically include offenses that involve damage to property or harm to another person, including sex or domestic violence, or theft or fraud. And what time period applies to the good moral character I must prove for naturalization? This is a requirement, regardless of your age, ethnicity, national origin, or religion. If you lie or mislead the USCIS on your form, they might just reject your application outright. If you are wondering, "what kind of background check does USCIS do? " In some instances, it absolutely can help strengthen your case if you risk deportation.
The United States Citizenship and Immigration Services requires applicants to disclose all criminal charges and convictions on their application form. This form will explicitly ask if you have ever been arrested, cited, or detained by a law enforcement officer. If you have been incarcerated for more than 180 days, with an exception for a political offense and an international confinement. Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law.
Although the meaning of "murder" is clear, the meaning of "aggravated felony" is more ambiguous and is not dependent on how state law defines the crime. BIA Decision in the Matter of Patricia Pinzon: Entry Using a False Claim to US Citizenship Does not Constitute an Admission and is Considered a CMT (8-19-13). Some crimes will serve as an immediate bar to citizenship, while others will be important when determining the strength of your moral character during your application process. More specifically, it depends on the nature of the crime, how long ago it was committed, how old you were when you committed it, and how the crime fits into an overall picture of your moral character.
Legal Data Available to USCIS. Suddenly he had all of one option. Obviously, these people aren't "criminals" in the general sense, but merely due to repressive regimes at home. What is an "Automatic Bar"? Some of the successes described above came after the applicant initially applied for naturalization without an attorney, was denied, and then hired Scott to request a new hearing on the decision. Men between the ages of 18 and 26 are expected to register for the Selective Service and provide proof for the purposes of naturalizing as a U. citizen. This includes engaging in the act, attempting to import prostitution into the U. S., or receiving any financial benefit from prostitution. The USCIS officer will most likely ask you about your answers.
Arrest and Convictions: Immigration Consequences Resource Page. When the criminal event took place. Some examples follow: - Rape. Should I submit proof of my good moral character? While being on a "most wanted" list is likely a no-go – as it should be – there may be cases where certain political prisoners can obtain second citizenship despite having an arrest warrant out. In fact, he was so upset that he didn't reply to us.
Although USCIS has determined a number of crimes that will either permanently bar you or temporarily bar you from being able to gain U. citizenship, other crimes may also have an effect on your application. In addition to obvious crimes of violence, such as homicide or aggravated assault, this category may include more minor crimes like resisting arrest or DUI in some cases. In the majority of cases gambling crimes or a DUI conviction would not be regarded as crimes of moral turpitude. Murder, Rape, or Sexual Abuse of a Minor. The conditional bars will be triggered: - By a conviction or admitted involvement in one or more crime against moral turpitude, with an exception for political offenses. There are few definite rules concerning the exact effect a criminal event will have on an applicant's chances for successfully applying for a visa, adjustment of status or citizenship. You will be permanently barred from obtaining U. citizenship if you have been convicted of murder or of an aggravated felony if the conviction was issued on or after November 29, 1990. Lopez v. Gonzales Practice Advisories and Media Materials (Immigrant Defense Project).
For example, most aggravated felonies will result in a permanent bar on your citizenship. If you fail to appear for your biometrics appointment without notifying the USCIS or without a good reason, your application will be regarded as abandoned. Vehicle trafficking. As far as USCIS is concerned, good citizens never commit crimes that are "intrinsically wrong.
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