Can someone with a criminal record become a U.S. citizen?

In most cases, they will need to wait for five years after the date of the crime before applying for citizenship, or possibly three years in some situations. USCIS retains the discretion to deny your application if it feels that your criminal record shows that you do not have good moral character.


What crimes disqualify you from citizenship?

Crimes that Result in a Permanent Automatic Bar to Citizenship
  • Rape.
  • Drug trafficking.
  • Any crime of violence or theft that can be punished by a year or more of incarceration.
  • DUI (sometimes)
  • Sex with a partner who is under the age of consent (18 in some states, including California)
  • Money laundering over $10,000.


Can a convicted felon apply for U.S. citizenship?

Any individual who has been convicted of an aggravated felony is permanently barred from obtaining citizenship or naturalization. Examples of aggravated felonies include: Drug trafficking.


How far back does a background check go for citizenship?

Usually this is the five years before you applied, or three years if you're applying on the basis of marriage to a U.S. citizen. You will also need to give a statement under oath about any criminal background you have in the period of good moral character.

Can you become a U.S. citizen with an expunged record?

When you apply for your green card, citizenship, or other visa, USCIS stipulates that you must disclose any past criminal history. This includes any charges or convictions that have been sealed or expunged.


Can you become a U.S. citizen if you have a criminal record?



How do I clean my immigration purposes record?

There are two ways to remove arrests and court records: expungement and sealing . Expungement means a record is erased completely. Sealing a record means that it is hidden from the public. Federal authorities and law enforcement can still view sealed records.

Can you get a green card if you have a felony?

Under U.S. immigration law, being convicted of an “aggravated felony” will make you ineligible to receive a green card.

What are the reasons to be denied US citizenship?

Citizenship Denial Reasons
  • Having a Criminal Record. ...
  • Failing to Provide Child Care and Support. ...
  • Failing to Pay Taxes. ...
  • Committing Fraud on Your Citizenship Application. ...
  • Not Meeting Physical Presence Requirements. ...
  • Failing Your English or Civics Test During the Interview Process. ...
  • Forgetting Selective Service Registration.


What kind of background check is done for citizenship?

The background and security checks include collecting fingerprints and requesting a “name check” from the Federal Bureau of Investigations (FBI). In addition, USCIS conducts other inter-agency criminal background and security checks on all applicants for naturalization.

Do they do background check for US citizenship?

Part of applying for U.S. citizenship involves going through a criminal background check. USCIS will need to get the fingerprints of a foreign national and send them to the FBI and other government agencies to check for records matching the fingerprints.

What are 3 ways to lose citizenship?

You might lose your U.S. citizenship in specific cases, including if you:
  1. Run for public office in a foreign country (under certain conditions)
  2. Enter military service in a foreign country (under certain conditions)
  3. Apply for citizenship in a foreign country with the intention of giving up U.S. citizenship.


Can you lose your U.S. citizenship if you commit a felony?

A felony conviction can affect citizenship in two ways. 1) A naturalized US citizen can lose their citizenship if they concealed this criminal history during the naturalization process. 2) A citizen who is convicted of a felony may lose some of their rights while incarcerated as well as after their release.

Can you lose citizenship for crime?

While many people fear denaturalization, the cases in which it can happen are quite rare. For an individual to have his citizenship taken away from them, they will have to commit a serious crime against the United States – for example, fraud, or other serious criminal offenses.

Can I renew my green card if I have a criminal record?

It is quite possible that having a criminal charge on your record may affect your application to renew your green card–depending on the charge and the status of potential prosecution, it could delay your renewal or even eliminate your eligibility to apply for US citizenship.


Can you fail citizenship test?

If an applicant fails any portion of the English test, the civics test, or all tests during the initial naturalization examination, USCIS reschedules the applicant to appear for a second examination between 60 and 90 days after the initial examination.

Can I apply for U.S. citizenship if I have a misdemeanor?

In most cases, they will need to wait for five years after the date of the crime before applying for citizenship, or possibly three years in some situations. USCIS retains the discretion to deny your application if it feels that your criminal record shows that you do not have good moral character.

Can I get my green card with a misdemeanor?

Felonies such as terrorism or murder disqualify a foreign national for a US visa or Green Card. Misdemeanors, regardless of whether the individual is serving a jail sentence, could make them inadmissible to the US. Therefore, a misdemeanor record could prevent you from obtaining a visa or Green Card.


Why does the FBI perform a background check on a person for citizenship?

It includes applications such as an adjustment of status with Form I-485 and an application for naturalization. Every single person who applies for an immigration benefit will be subject to criminal and national security background checks to ensure they are indeed eligible and don't pose a threat to the U.S.

Can you get deported if you get denied citizenship?

A foreign national may face the prospect of deportation if the reason for the denial of their citizenship means that they also are ineligible for a green card or other legal status in the U.S. Most denials of citizenship are not based on reasons that would make a foreign national ineligible for a green card, though.

How many people fail the U.S. citizenship interview?

Applicants who fail 1 or both test components will have a second opportunity to pass both portions of the test, called a re-exam. The diagram below shows that 96.1% of all applicants pass the naturalization test.


How many times can you fail the U.S. citizenship test?

An applicant has two opportunities to pass the English and civics tests: the initial examination and the re-examination interview. USCIS denies the naturalization application if the applicant fails to pass any portion of the tests after two attempts.

How do US immigration know if you have a criminal record?

U.S. Citizenship and Immigration Services checks every applicant's background. The agency looks for criminal records for the sponsor (the person applying on another person's behalf) as well as the beneficiary (the person who will receive the immigration benefit if USCIS approves the petition).

How long does a criminal record last?

If the person was 18 years of age or older at the time of the offense (i.e. legally considered to be an adult), then the conviction will be expunged from their record 11 years after the conviction date (not the offense date).


What does USCIS look for in background check?

On a USCIS background check for green card applications, the agency will look for the criminal convictions we mentioned earlier (aggravated felonies, crimes of moral turpitude, and relevant drug offenses). If the agency deems you inadmissible for a green card, you may be able to apply for a waiver.

How do I ask for forgiveness from immigration?

If you already have valid entry documents but require an inadmissibility waiver, you can file Form I-192 with a designated port of U.S. entry, in advance of your travel. Applications can also be filed electronically. Contact an immigration attorney if you believe your case falls into this scenario.