Criminal Defense Lawyers

Nassau County Citizenship Lawyers

You’ve had your green card for five years. You’ve paid your taxes, raised your family, built a life in Nassau County. Now you want to become a U.S. citizen. You fill out the N-400, schedule your interview, and assume everything will go smoothly. Then USCIS starts asking about something that happened ten years ago – something you thought was long forgotten. Suddenly, you’re not just facing citizenship denial. You’re facing the possibility of losing your green card entirely.

This is the trap that catches people who don’t understand what citizenship applications actually trigger. When you apply for naturalization, you’re not just asking USCIS to make you a citizen. You’re inviting them to review your entire immigration history – including how you got your green card in the first place. If they find problems now that they missed before, the consequences go far beyond a denied N-400.

This article explains the good moral character requirement for citizenship, which crimes create permanent versus temporary bars, what citizenship applications actually trigger, the 2025 policy changes that expanded officer discretion, and when you should absolutely NOT apply without consulting an immigration lawyer first. Understanding these risks before you file can protect your green card and your future in the United States.

Most citizenship articles focus on passing the civics test and showing up for your interview. The real risks are in your immigration history – and in weather USCIS decides to take another look at decisions they made years ago.

Basic Citizenship Requirements

Before addressing the complications, lets cover the basics. To naturalize as a U.S. citizen, you must meet several requirements.

You must be atleast 18 years old. You must have been a lawful permanent resident for atleast five years – or three years if your married to a U.S. citizen and living with them. You must have lived continuously in the United States during that period, with physical presence of atleast 30 months out of the five years. You must have lived in your state or USCIS district for atleast three months before applying.

You must demonstrate good moral character during the statutory period – more on that below, because this is were most problems occur. You must be able to read, write, and speak basic English. You must pass a civics test covering U.S. history and government. And you must be “attached to the principles of the Constitution” and willing to take the Oath of Allegiance.

These requirements sound straightforward. For many people, they are. But the good moral character requirement is were things get complicated – and were the risks multiply.

What Good Moral Character Actually Means

Good moral character isnt defined precisely in the law. Generally, it means your character “measures up to the standards of average citizens of the community.” Thats vague on purpose – it gives USCIS officers discretion to evaluate each applicant individually.

The law does specify certain things that automatically show you DONT have good moral character. These are called “bars” – some permanent, some conditional. But even if you dont have any bars, an officer can still find you lack good moral character based on the totality of your conduct.

This means your entire history matters. Not just the statutory period (usually five years), but everything before that too. Conduct outside the statutory period cant create a bar on its own, but it can be evidence of your overall character. An officer evaluating your application dosnt have to ignore what happened ten or twenty years ago.

Never assume that old problems are too old to matter. USCIS officers have discretion to consider your entire life when evaluating character. A pattern of behavior from years ago can still affect how they view you today.

Permanent Bars to Good Moral Character

Some offenses permanently bar you from ever establishing good moral character. If any of these apply, you cannot become a U.S. citizen – period.

Murder is a permanent bar. If you’ve been convicted of murder at any time, you can never naturalize.

Aggravated felonies are permanent bars if the conviction occured on or after November 29, 1990. Aggravated felonies include serious crimes like rape, sexual abuse of a minor, drug trafficking, firearms trafficking, money laundering over $10,000, and many fraud offenses involving more then $10,000. The definition has expanded over time, and some crimes that werent originally aggravated felonies became so through later legislation.

Persecution – if you ordered, incited, assisted, or otherwise participated in persecution based on race, religion, nationality, political opinion, or membership in a particular social group, your permanently barred.

These permanent bars have no exceptions, no waivers, no workarounds. If one applies to you, citizenship isnt an option.

Conditional Bars to Good Moral Character

Other offenses create “conditional” bars – they prevent you from showing good moral character during the statutory period, but there not permanent. Once enough time passes without the barring conduct, you may be able to apply.

Conditional bars include:

• Crimes involving moral turpitude (fraud, theft, assault, etc.)
• Two or more convictions with combined sentences of 5+ years
• Controlled substance violations (except single offense of 30 grams or less of marijuana)
• 180 days or more incarceration for any offense
• Making a false claim to U.S. citizenship
• Unlawful voting
• Prostitution or commercialized vice
• Smuggling aliens
• Polygamy
• Two or more gambling offenses
• Habitual drunkard
• Failure to support dependants

If a conditional bar applies during your statutory period, you cant establish good moral character for that period. But the bar dosnt last forever. Once the required time passes after the conduct, you may be eligible to apply again.

Heres the tricky part: the clock restarts when you commit certain offenses. If you commit a crime during your statutory period, you might need to wait five more years from the date of that offense before you can establish good moral character. Strategic timing matters.

The 2025 Good Moral Character Policy Changes

In August 2025, USCIS implemented significant changes to how officers evaluate good moral character. These changes give officers MORE discretion, not less – and that can cut both ways.

The new policy emphasizes a “holistic” approach. Instead of a mechanical checklist, officers now conduct comprehensive assessments of each applicant. They look at the totality of your conduct – positive and negative.

Positive factors officers now consider include: community involvement, family responsibilities, educational attainment, compliance with tax obligations, military service, charitable work, and evidence of rehabilitation from past mistakes.

But the holistic approach also means officers can scrutinize things that previously might have been overlooked. Repeated traffic violations, aggressive behavior, harassment, or conduct thats “inconsistent with civic responsibility” can now be weighed against you – even if its not technically illegal.

The policy also emphasizes “genuine rehabilitation” for applicants with past problems. Evidence that helps includes: completing court-ordered conditions, paying restitution, fulfilling child support obligations, repaying tax debts, obtaining character references, and demonstrating changed behavior over time.

What this means practically: if you have issues in your history, you need stronger evidence of rehabilitation then before. The bar for overcoming past problems is higher.

What Citizenship Applications Actually Trigger

Heres what most people dont understand until its to late. When you file Form N-400, your not just asking for citizenship. Your inviting USCIS to review your entire immigration file.

USCIS will look at how you obtained your green card. They’ll review the original application, the supporting documents, the interviews, the evidence you submitted. If they find problems now that were missed before – fraud, misrepresentation, inconsistancies – those problems dont just affect your citizenship application. They can affect your green card status.

Citizenship applications can trigger removal proceedings. If USCIS discovers that your green card was obtained through fraud or misrepresentation, they can revoke your permanent residence and put you in deportation proceedings. Your not just risking citizenship denial – your risking everything.

This happens more often then people realize. Someone applies for citizenship after twenty years as a permanent resident. USCIS reviews the file and discovers a sham marriage, a fraudulent employer letter, or information that contradicts what was submitted decades ago. Now the applicant faces not just denial, but the loss of there legal status entirely.

This is why consulting an immigration lawyer before applying is essential if you have any doubts about your history. A lawyer can review your file, identify potential problems, and advise whether applying is safe – or whether its better to keep your green card and not rock the boat.

When You Should NOT Apply Without a Lawyer

Certain situations demand professional evaluation before filing N-400. Applying without understanding the risks could cost you your permanent residence.

Consult an immigration lawyer if:

• You have any criminal history, even arrests that were dismissed
• You obtained your green card through marriage that later ended
• You have any concerns about fraud or misrepresentation in prior applications
• You used a different name, identity, or documents at any point
• You have outstanding tax obligations or child support arrears
• You traveled outside the US extensively during your green card period
• You ever claimed to be a US citizen when you werent
• You voted in any election when you werent eligible
• You have any concerns about your selective service registration

An experienced immigration attorney can review your complete history, identify red flags, and help you understand weather the benefits of citizenship outweigh the risks of applying. Sometimes the answer is to wait, fix problems, or simply maintain your green card status without seeking citizenship.

The Naturalization Interview

If you proceed with your application, you’ll be scheduled for a naturalization interview at your local USCIS office. This interview serves multiple purposes.

First, the officer verifies your identity and reviews your application. They’ll go through the N-400 question by question, confirming your answers and asking for clarification. Any inconsistancies between your application and what you say at the interview will be flagged.

Second, the officer administers the English and civics tests. You’ll need to read a sentence in English, write a sentence in English, and correctly answer questions about U.S. history and government. Most applicants find these tests manageable with basic preparation.

Third – and most importantly for our purposes – the officer evaluates your good moral character. They’ll ask about arrests, citations, criminal history, tax compliance, and anything else relevant to your character. This is were problems in your history come up. The officer has your complete file, and they may ask about things you assumed were long buried.

How you handle these questions matters. Lying or evading makes things worse. If you have issues, honesty combined with evidence of rehabilitation is your best approach – but you should have a strategy before you walk into that interview.

If Your Application Is Denied

Not all denials are equal. Some denials simply mean you need to wait longer, fix a problem, or try again. Other denials signal serious issues that could threaten your permanent residence.

If your denied for failing the English or civics test, you’ll get a second chance. If your denied for insufficient residence or physical presence, you can reapply when you meet the requirements. These denials dosnt affect your green card.

But if your denied for good moral character issues – especially fraud or misrepresentation – the denial may be the beginning of larger problems. USCIS can refer your case to immigration court. Denial can trigger removal proceedings. What started as a citizenship application can end with you fighting to stay in the country.

You have the right to appeal most denials using Form N-336, which requests a hearing with a different immigration officer. But appeals dosnt stop USCIS from initiating removal proceedings if they’ve discovered deportability issues. Time is critical, and legal representation is essential.

Criminal History and Citizenship

Many applicants worry about criminal history. The impact depends on what the offense was, when it happened, and weather it creates a bar to good moral character.

Minor offenses outside the statutory period usually dont prevent naturalization – but they still factor into the holistic evaluation. A DUI from ten years ago dosnt create a bar, but a pattern of drinking-related offenses over time might affect how the officer views your character.

Arrests without convictions still matter. USCIS looks at arrests even if charges were dismissed, reduced, or expunged. Expungement dosnt erase the arrest from federal records – you still need to disclose it on your application. Failure to disclose is itself a problem that can lead to denial.

Juvenille offenses generaly have less impact, but they’re not completely ignored. Serious juvenille offenses can still be considered in the character evaluation.

If you have criminal history, get your complete record before applying. Know exactly what USCIS will see. Prepare explanations and evidence of rehabilitation. Dont let the interview be the first time you confront your past.

Common Mistakes That Cause Problems

Many citizenship applications fail for avoidable reasons. Understanding these mistakes helps you avoid them.

Failure to disclose arrests is a major problem. Some applicants dont disclose arrests because charges were dropped, or because they think juvenile records dont count, or because they genuinely forgot. USCIS has access to FBI records. They know about your arrests. Failure to disclose looks like you’re hiding something – and hiding things destroys your credibility.

Inconsistancy between applications is another common issue. If you said one thing on your green card application and something different on your N-400, thats a red flag. USCIS will notice discrepancies in dates, addresses, employment history, travel, and family information. Review your prior applications before submitting your citizenship application.

Traveling too much during the statutory period catches some applicants. If your outside the US for more then six months at a time, or if your total absences suggest you dont really live here, you may break your continuous residence. Track your travel carefully.

Tax issues cause denials. If you havent filed returns, owe back taxes, or claimed improper credits, these issues need to be resolved before you apply. USCIS considers tax compliance part of good moral character.

Benefits of Citizenship Worth the Risk

Given the risks, why do people still pursue citizenship? The benefits are substantial – but you need to weigh them against your specific situation.

Citizens can vote in federal, state, and local elections. After years of living in a community without a voice in how its governed, voting matters to many immigrants. Its participation in the country you’ve made your home.

Citizens can sponsor more family members for immigration. Green card holders can only sponsor spouses and unmarried children. Citizens can also sponsor parents, married children, and siblings. If bringing additional family to the US matters to you, citizenship opens doors that permanent residence keeps closed.

Citizens have a stronger claim to stay. Permanent residents can still be deported for certain crimes or violations. Citizens cannot be deported except in extreme cases involving denaturalization for fraud. Citizenship provides security that a green card dosnt fully offer.

Citizens can travel internationally without the same concerns about reentry. Long trips abroad dont threaten your status the way they can threaten continuous residence for green card holders. You carry a US passport and enter as a citizen.

Citizens are eligible for certain government jobs and benefits restricted to citizens. Some security clearances, federal positions, and public benefits require citizenship status.

These benefits are real. For many people, there worth pursuing. But if pursuing them means risking your green card status, the calculation changes. A permanent resident with a stable life in the US might rationally decide that keeping the green card is more important then gaining citizenship rights they may never need to use.

Preparing for a Complicated Interview

If you have issues in your history and decide to proceed with citizenship, preparation is essential. Going in unprepared is the worst possible approach.

First, gather your complete immigration file. Request your records from USCIS through a Freedom of Information Act (FOIA) request. This shows you exactly what USCIS has in there system – including things you may have forgotten or documents you no longer have copies of. Knowing what they know lets you prepare.

Second, get your complete criminal history from the FBI or your state police. Dont rely on memory. Old arrests, dismissed charges, and sealed records may still appear. You need to see what USCIS will see when they run your fingerprints.

Third, review all prior immigration applications for consistancy. Look at what you said on your green card application, any prior visas, any travel documents. Make sure your N-400 answers dont contradict earlier statements.

Fourth, gather evidence of rehabilitation if you have past issues. Character reference letters from employers, community leaders, or religious figures. Proof of community involvement. Documentation showing you’ve addressed past problems – completed probation, paid restitution, fulfilled court orders.

Never go into a naturalization interview hoping problems wont come up. If there are issues in your file, the officer will find them. Your job is to be prepared with honest explanations and evidence that youve changed.

Citizenship Lawyers in Nassau County

Nassau County residents have access to immigration attorneys throughout Long Island and the New York metropolitan area. The key is finding someone with specific experience in naturalization cases – particularly cases involving complications.

Look for attorneys who handle citizenship matters regularly, not just as a small part of a general practice. Ask about there experience with good moral character issues, criminal history, and denial appeals. Find out weather they’ve helped clients with complicated histories navigate the process successfully.

Many immigration lawyers offer initial consultations were they review your situation and advise weather applying is safe. This consultation is worth the investment – especially if you have any concerns about your history. Better to spend a few hundred dollars on a consultation then to trigger a removal proceeding by filing without understanding the risks.

The path to citizenship can be straightforward or it can be treacherous. The difference often depends on weather you understand what applying actually triggers – and weather your prepared for what USCIS might find when they look at your complete file.