Criminal Acts and Citizenship
If you are a legal permanent resident applying for the U.S. citizenship, one of the questions that you will be asked in the application form is whether you have ever been prosecuted for any crime. Although not every conviction of crime bars you from obtaining U.S. citizenship, some of them raise serious questions about your eligibility to apply for citizenship and your further presence in the U.S.
One of the requirements for applying for U.S. citizenship is good moral character. Before applying, review all U.S. citizenship requirements and understand how and when to apply for naturalization. Note that Selective Service registration is another factor that can affect your eligibility. Contact our office today to discuss how your criminal history may affect your naturalization case. An applicant must show that he or she has been, and continues to be, a person of good moral character during the 5-year period immediately preceding filing an application for naturalization.
While USCIS determines whether an applicant has met the good moral character requirement on a case-by-case basis, certain types of criminal conduct automatically preclude applicants from establishing good moral character and may make the applicant subject to removal proceedings.
Crimes That Permanently Bar an Applicant from Citizenship
If you have ever been convicted of one of the following crimes at any time, you will be forever barred from obtaining U.S. Citizenship:
- murder; and/or
- aggravated felony (if the conviction took place after November 29, 1990)
Once the USCIS determines that you have one of these crimes on your record, USCIS will deny your application for naturalization and may warrant a recommendation to place you in removal (deportation) proceedings. Please note that not all applicants who are found to be convicted of aggravated felonies are removable. USCIS may deny naturalization application without giving a recommendation for removal proceedings.
The Immigration and Nationality Act provides the list of all aggravated felonies that permanently bar you from obtaining citizenship:
| 1 | Aggravated Felony. |
| 2 | Murder, Rape, or Sexual Abuse of a Minor. |
| 3 | Illicit Trafficking in Controlled Substance. |
| 4 | Illicit Trafficking in Firearms or Destructive Devices. |
| 5 | Money Laundering Offenses (over $10,000). |
| 6 | Explosive Materials and Firearms Offenses. |
| 7 | Crime of Violence (imprisonment term of at least 1 yr). |
| 8 | Theft Offense (imprisonment term of at least 1 yr). |
| 9 | Demand for or Receipt of Ransom. |
| 10 | Child Pornography Offense. |
| 11 | Racketeering, Gambling (imprisonment term of at least 1 yr). |
| 12 | Prostitution Offenses (managing, transporting, trafficking). |
| 13 | Gathering or Transmitting Classified Information . |
| 14 | Fraud or Deceit Offenses or Tax Evasion (over $10,000). |
| 15 | Alien Smuggling. |
| 16 | Illegal Entry or Reentry by Removed Aggravated Felon. |
| 17 | Passport, Document Fraud (imprisonment term of at least 1 yr). |
| 18 | Failure to Appear Sentence (offense punishable by at least 5 yrs). |
| 19 | Bribery, Counterfeiting, Forgery, or Trafficking in Vehicles. |
| 20 | Obstruction of Justice, Perjury, Bribery of Witness. |
| 21 | Failure to Appear to Court (offense punishable by at least 2 yrs). |
| 22 | Attempt or Conspiracy to Commit an Aggravated Felony. |
Unless otherwise specified, an aggravated felony includes both state and federal convictions, as well as foreign convictions for which the term of imprisonment was completed less than 15 years earlier.
Crimes That Temporarily Bar an Applicant from Citizenship
If you were convicted of crime that is not listed as an aggravated felony, you can be temporarily barred from obtaining citizenship for 5 years (or 3 years if you were married to the U.S. citizen). That’s because the law requires a naturalization applicant prove 5 years of good moral character as a condition for naturalizing, or 3 years if you qualify under the special rules that apply to spouses of U.S. citizens. So, if the crime is not an aggravated felony, you can still successfully claim that you have good moral character after 5 (or 3) years after conviction date.
Below you will find the list of the crimes that make you temporarily ineligible for citizenship:
- You have been convicted of or admitted to a crime involving moral turpitude, such as fraud.
- You spent 180 days or more in jail or prison for any crime.
- You committed any crime related to illegal drugs other than a single offense involving 30 grams or less of marijuana.
- You have been convicted of two or more crimes, the combination of which got you a total prison sentence of five years or more.
- You get most of your income from illegal gambling or have been convicted of two or more gambling crimes
Other Crimes That Affect Your Application for Citizenship
If you have committed a crime that is not on any of the lists described above, you can successfully establish that you have a good moral character by providing evidence in favor of reformation of character, such as compliance with probation, absence of other criminal history, community involvement, employment history, family ties, personal background, education, paying taxes, meeting other financial obligations, length of time in the United States and so on. In general, USCIS considers the totality of the circumstances and weigh all factors, favorable and unfavorable, considering reformation of character.
Despite the seriousness of crime that you committed you should still seek help from an immigration attorney to evaluate your eligibility for citizenship and predict consequences of applying for citizenship with criminal history.
Why Work With Us for Criminal History & Naturalization?
Your case handled or personally overseen by a licensed immigration attorney — not a paralegal or document preparer.
We serve clients in English, Russian, and Ukrainian — explain your situation in the language you're most comfortable with.
Attorney Sakhniuk has deep experience navigating the intersection of criminal history and immigration law — protecting your path to citizenship.
No surprise billing. Most services are flat-fee so you know exactly what you pay from day one.
We care about your outcome, not just paperwork. You get a dedicated point of contact at every stage of the process.
Chicago office, clients in all 50 states and abroad. Trusted by U.S., Russian & Ukrainian communities for over a decade.
What We Do For You — Step by Step
- Initial Eligibility Assessment
Attorney-led review of your criminal history, conviction dates, and how each offense affects your naturalization eligibility under USCIS standards. - Good Moral Character Analysis
We assess whether your record supports a finding of good moral character and identify any bars — permanent or temporary — that apply to your case. - Strategic Filing Timeline
We determine the optimal filing window, including any waiting periods needed to clear conditional bars to good moral character. - Form N-400 Preparation
We prepare your N-400 application accurately — especially the sensitive criminal history questions — to avoid inconsistencies or misrepresentation issues. - Supporting Evidence Planning
We identify documents that demonstrate rehabilitation: court records, probation completion, community ties, employment, and character references. - Document Review & Quality Control
Line-by-line attorney review of your application and supporting evidence to eliminate errors before USCIS sees your file.
- Proactive RFE Prevention & Response
We build filings to minimize RFEs. If one arrives, we respond quickly with legal analysis and targeted evidence. - Interview Preparation & Mock Sessions
We coach you on how to answer questions about your criminal history accurately and confidently at your naturalization interview. - Biometrics & Background Check Prep
We explain what to expect during the background check process and how prior offenses are reviewed by USCIS. - Advocacy on Complex Issues
If USCIS questions your moral character or issues an unfavorable decision, we advise on appeals and next legal steps. - Post-Naturalization Guidance
After approval, we guide you through the oath ceremony process and advise on any follow-up documentation needed. - Continuous Communication
Timely updates, direct access to our team, and a dedicated contact so you always know where your case stands.