Criminal Acts and Citizenship
Criminal History and Citizenship
Have Questions About Your Record and Citizenship?
Not every conviction bars you from citizenship, but some create serious complications. An attorney must evaluate your record before you file to avoid triggering removal proceedings.
A criminal record does not automatically end your path to U.S. citizenship. What matters is the specific offense, the date of conviction, and the sentence imposed. Some convictions permanently bar naturalization; others create only a temporary waiting period; and many have no impact on eligibility at all.
The critical risk for green card holders with any criminal history is filing too early or without proper legal review. USCIS can deny a naturalization application and simultaneously refer the case to removal proceedings, putting your permanent residence itself at risk. Before filing Form N-400, review all citizenship requirements and speak with an immigration attorney about how your record may affect your case.
Crimes That Permanently Bar an Applicant from Citizenship
A conviction for murder or any aggravated felony (if conviction occurred after November 29, 1990) permanently bars naturalization. USCIS will deny the application and may refer the case to removal proceedings. The Immigration and Nationality Act defines aggravated felonies to include:
- Murder, Rape, or Sexual Abuse of a Minor
- Illicit Trafficking in Controlled Substance
- Illicit Trafficking in Firearms or Destructive Devices
- Money Laundering (over $10,000)
- Explosive Materials and Firearms Offenses
- Crime of Violence (sentence of at least 1 yr)
- Theft Offense (sentence of at least 1 yr)
- Demand for or Receipt of Ransom
- Child Pornography
- Racketeering or Gambling (sentence of at least 1 yr)
- Prostitution Offenses (managing, transporting, trafficking)
- Gathering or Transmitting Classified Information
- Fraud, Deceit, or Tax Evasion (over $10,000)
- Alien Smuggling
- Illegal Entry or Reentry by Removed Aggravated Felon
- Passport or Document Fraud (sentence of at least 1 yr)
- Failure to Appear (offense punishable by at least 5 yrs)
- Bribery, Counterfeiting, Forgery, or Vehicle Trafficking
- Obstruction of Justice, Perjury, Bribery of Witness
- Failure to Appear to Court (offense punishable by at least 2 yrs)
- Attempt or Conspiracy to Commit an Aggravated Felony
Aggravated felony includes state, federal, and foreign convictions where the sentence was completed less than 15 years earlier, unless otherwise specified.
Crimes That Temporarily Bar an Applicant from Citizenship
If you were convicted of a 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 a U.S. citizen). That's because the law requires a naturalization applicant to 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 good moral character after 5 (or 3) years from the conviction date.
Below you will find the list of 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 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 weighs all factors, favorable and unfavorable, when considering reformation of character.
Despite the seriousness of the crime you committed, you should still seek help from an immigration attorney to evaluate your eligibility for citizenship and predict the consequences of applying with criminal history.
Why Choose Us
Why Work With Us for Criminal History & Naturalization
Attorney-Led Review
Your case handled or personally overseen by a licensed immigration attorney, not a paralegal or document preparer.
Multilingual Service
We serve clients in English, Russian, and Ukrainian. Explain your situation in the language you're most comfortable with.
Criminal & Immigration Law Experience
Attorney Sakhniuk has deep experience navigating the intersection of criminal history and immigration law, protecting your path to citizenship.
Transparent Flat Fees
No surprise billing. Most services are flat-fee so you know exactly what you pay from day one.
We Walk With You
We care about your outcome, not just paperwork. You get a dedicated point of contact at every stage of the process.
Serving Families Worldwide
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.
FAQ
Frequently Asked Questions About Criminal Acts and Citizenship
Common questions about how criminal history affects your naturalization application.
Q
What criminal convictions permanently bar me from becoming a US citizen?
Murder and aggravated felonies (if convicted after November 29, 1990) permanently bar citizenship. The list of aggravated felonies is extensive and includes drug trafficking, firearms offenses, fraud over $10,000, and others defined in the Immigration and Nationality Act.
Q
If I have a criminal record, can I still apply for citizenship someday?
If the crime is not an aggravated felony, you may still qualify after demonstrating 5 years of good moral character following the conviction (3 years if married to a US citizen). Time and rehabilitation can restore eligibility for many applicants.
Q
Will a DUI affect my naturalization application?
A single DUI may not bar you, but multiple DUIs, or a DUI combined with other criminal history, can affect the good moral character determination. Each case is evaluated on its totality of circumstances. An attorney review is essential.
Q
Do I have to disclose arrests that did not result in a conviction?
Yes. The N-400 asks about arrests regardless of outcome. Failing to disclose is treated as misrepresentation, which is far more damaging than the underlying arrest. Disclose everything and let an attorney advise on impact.
Q
Can USCIS start deportation proceedings when I apply for citizenship with a criminal record?
Yes. Filing N-400 can trigger a review that leads USCIS to place you in removal proceedings if it determines you are removable. An immigration attorney must evaluate your record before you file.