Addressing Criminal History or Other Challenges in Naturalization
Some people have been working hard toward eligibility for U.S. citizenship—to finally stand with your hand over your heart, taking the Oath of Allegiance at a naturalization ceremony. It’s a heartfelt moment that you will never forget in your life.
But what if mistakes from your past or other hurdles are standing in your way? At Guerreros Law, we have seen the worry in our clients’ eyes when they first walk through our doors for a consultation.
And we always tell them this: “Your past doesn’t define your future.” And the good news is your past mistakes don’t automatically slam the door on your American dream. People with complicated histories still deserve their shot at citizenship. In this guide, we are going to explain what potential roadblocks may arise during the naturalization process and what you can do to address them.
If you need a personalized consultation, contact us now. Let’s talk about what you’re facing and how we can help you move forward. Call 888-828-0045 or reach out online.
How Does Your Criminal History Affect Naturalization?
Your criminal history matters in the naturalization process because U.S. Citizenship and Immigration Services (USCIS) evaluates whether you have “good moral character”—a key requirement for citizenship.
Think of good moral character as your immigration report card. USCIS looks at your behavior, particularly during the statutory period. That period is typically the five years (or three years if married to a U.S. citizen) before filing an application for naturalization, according to Volume 12, Part D, Chapter 9 of USCIS Policy Manual.
Permanent vs. Temporary Bar to Citizenship
Some criminal offenses create a permanent bar to citizenship, while others result in a temporary bar. The following crimes permanently bar you from ever qualifying for U.S. citizenship:
- Murder;
- Aggravated felony conviction after November 29, 1990;
- Persecution of others based on race, religion, nationality, political opinion, or social group;
- Torture, genocide, or severe violations of religious or other freedoms.
If you have a criminal record but it’s not as severe as any of the above-mentioned crimes, you may still be temporarily ineligible for naturalization if your history includes:
- Most crimes involving moral turpitude (stealing, lying, defrauding, etc.);
- Two or more criminal offenses with combined sentences of five years or longer;
- Controlled substance violations (except possession of 30g or less of marijuana one time);
- Two or more gambling offenses;
- Confinement in jail for 180+ days during the statutory look-back period.
If your situation falls into one of these categories, don’t lose hope. Temporary bars don’t mean permanent ineligibility—they mean you need to wait until the statutory period passes without the disqualifying act (however, you will still need to demonstrate good moral character).
Some Criminal Offenses May Be Overlooked
Not all criminal history will derail your citizenship dreams. USCIS may overlook very minor offenses that didn’t result in arrest (like minor traffic violations), civil infractions, certain offenses committed long ago outside the statutory period, and expunged or sealed records (though you must still disclose them).
If you are not sure where your offense falls, it’s a good idea to schedule a consultation with an immigration lawyer.
What Happens if You Apply for Naturalization with Criminal History?
When applying for naturalization, you are asked to provide court documents for all arrests and convictions. USCIS also reviews your criminal record during background checks. If they see you have criminal history, you may face more intensive questioning during your interview.
Keep in mind that USCIS needs to evaluate whether or not your offense bars you from showing good moral character. The officer will consider factors like the nature of the offense, when it occurred, circumstances surrounding it, and evidence of rehabilitation.
Can You Fail to Disclose or Lie About Your Criminal Record?
The short answer is: don’t. Hiding your criminal history is a big mistake that carries serious consequences. First of all, USCIS conducts thorough background checks, including FBI fingerprint screening. They will likely discover any criminal history, even if you think it’s buried in the past. Don’t lie to the government, but especially don’t lie about something they probably already know.
If you fail to disclose arrests, charges, or convictions—even those that were dismissed or expunged—this can lead to:
- Denial of your naturalization application
- Potential removal (deportation) proceedings
- Permanent bar from future immigration benefits
Have you made mistakes in the past? We all have. Some of our mistakes are worse than others, and that’s perfectly normal because we are all humans. Being honest about them shows integrity, which actually supports your good moral character claim.
Besides Criminal History, What Are Other Challenges in Naturalization?
Criminal history isn’t the only hurdle you might face on your path to U.S. citizenships. Here are other common challenges and how to address them:
1. Failure to Pay Taxes
Owing back taxes or failing to file returns can show lack of good moral character.
- How to address it: File any missing returns and set up a payment plan with the IRS. Bring proof of your payment arrangement to your interview.
2. Child Support Issues
Failure to pay required child support may indicate lack of good moral character.
- How to address it: Get current on payments or modify your support order if your circumstances have changed. Document all payments and bring court records showing compliance.
3. Selective Service Registration
Male applicants who failed to register with Selective Service between ages 18-26 may face naturalization difficulties.
- How to address it: If you’re under 31, you may still need to register. If you’re over 31, obtain a Status Information Letter from Selective Service and prepare a statement explaining why you didn’t register.
4. Long Absences from the U.S.
Extended time outside the U.S. can break continuous residence requirements.
- How to address it: Document that your absence was temporary, and you maintained ties to the U.S. (kept your home, job, paid U.S. taxes, family remained in U.S., etc.).
5. Limited English Proficiency
Many applicants struggle with the English language requirement and may fail the first part of the citizenship test.
- How to address it: Take English classes before your interview. Some applicants may qualify for exemptions based on age and time as a permanent resident.
6. Lack of Civics Knowledge
The second part of the citizenship test requires understanding U.S. government and history.
- How to address it: Study the 100 official USCIS questions. Practice with free resources online or take citizenship preparation classes in your community.
Have Concerns About Your Criminal History or Other Challenges in Naturalization? We Can Help
Do you lie awake at night wondering if that mistake from years ago shatters your dreams of U.S. citizenship? Those sleepless nights and worries can take a toll on your physical and mental health. Why not put your mind at ease by having a conversation with a lawyer?
At Guerreros Law, your journey matters to us. Your struggles, your hopes, your determination—we see all of it. With over ten years of experience, our founding attorney Stephanie Reinert has helped countless clients overcome obstacles in their path to citizenship.
After so many years of hoping, waiting, and working hard, now is not the time to let past mistakes or other challenges keep you from pursuing citizenship. Let’s have a conversation about your American dream. It may be closer than you think.
Call 888-828-0045 or contact us online to request your confidential, no-obligation consultation.
Leave a Reply