Criminal Defense Lawyers

Introduction: Understanding Your Path Forward

If your worried that a past conviction has permanently closed the door to US citizenship, your not alone. Thousands of lawful permanent residents face this same question every year, and the answer isn’t always straightforward. While some criminal convictions do create permanent bars to naturalization, many others don’t—and even when they do, the circumstances matter more then you might think.

Here’s the thing: USCIS doesn’t automatically deny every citizenship application from someone with a criminal record. The type of offense, when it occured, and what you’ve done since all factor into there decision. Some people with minor convictions years ago successfully become citizens, while others face more serious obstacles based off the nature of there offense.

This guide will walk you through everything you need to know about naturalization after a criminal conviction. We’ll cover which crimes create permanent bars, which ones are temporary obstacles, how the good moral character requirement works, and what you can do to strengthen you’re application. Whether your facing a single misdemeanor or something more serious, you’ll find clear, actionable information here.

Look, the process can feel overwhelming—especially when your reading dense legal language from USCIS or trying to figure out if your specific situation qualifies. But understanding the basics can help you make informed decisions about weather to move forward with naturalization or wait longer. Let’s break it down together.

Understanding the Basics: Naturalization and Criminal History

What Is Naturalization?

Naturalization is the legal process through which a lawful permanent resident (green card holder) becomes a US citizen. Its the pathway that gives you the right to vote, obtain a US passport, and gain full protection from deportation. For most LPRs, naturalization involves meeting residency requirements, demonstrating good moral character, passing English and civics tests, and taking an oath of allegiance to the United States.

The standard timeline requires you to be a permanent resident for at least five years before applying—or three years if your married to a US citizen. However, these timelines assume you meet all other requirements, including the critical “good moral character” standard. And here’s where criminal history comes into play.

The Good Moral Character Requirement

Good moral character (GMC) is one of the most important—and most subjective—requirements for naturalization. Basically, USCIS needs to determine that your a person of upstanding character who deserves citizenship. While the law doesn’t provide an exact definition of good moral character, it definately lists certain things that automatically prevent you from establishing it.

Criminal history is the primary factor USCIS considers when evaluating GMC. If you’ve been convicted of certain crimes, you can’t establish good moral character—which means you can’t become a citizen. But not every conviction has this affect. The type of crime, when it happened, and weather you’ve shown rehabilitation all matter.

One thing that trips people up: good moral character isn’t just about avoiding crimes. It also involves paying your taxes, meeting child support obligations, being truthful in you’re application, and demonstrating respect for the law. We’ll get into all of this more later, but for now, understand that GMC is the central issue when you have a criminal record.

Statutory Periods: 3 Years vs 5 Years

USCIS evaluates you’re good moral character during whats called the “statutory period”—the specific timeframe before you file your N-400 application. For most applicants, this period is five years. For those married to and living with a US citizen, its three years.

During this statutory period, USCIS looks closely at you’re conduct and criminal history. A conviction that occured within the statutory period carries more weight then one from 10 or 20 years ago. However—and this is crucial—even offenses outside the statutory period can still effect your application, especially if there serious crimes like murder or aggravated felonies.

Here’s something alot of people miss: you can file your N-400 application up to 90 days before you complete the full three- or five-year requirement. This early filing window can be strategically important if your concerned about potential issues arising in those final months. But remember, you still need to demonstrate good moral character throughout the entire period, including the time after you file and before you take the oath of citizenship.

Background Checks: Your Complete Criminal History

There’s a important distinction many applicants don’t realize: while USCIS evaluates good moral character over the statutory period (3 or 5 years), the background check itself covers you’re entire criminal history with no time limit. When you submit your fingerprints at the biometrics appointment, the FBI runs a comprehensive check that will show every arrest, conviction, and criminal record you have—irregardless of how long ago it occured.

This creates a paradox that confuses alot of applicants. They think, “My conviction was 15 years ago, so it doesn’t matter.” But while that old conviction might not prevent you from establishing good moral character (depending on what it was), it will definately show up on the background check. And if you don’t disclose it on you’re N-400 application, USCIS will see that as dishonesty—which itself destroys your claim to good moral character.

Even expunged or sealed records appear on federal background checks. State courts might of removed the conviction from there systems, but the FBI database retains criminal history records. This is why immigration attorneys always stress complete disclosure: USCIS will find out anyways, and lying about it (or “forgetting” to mention it) can be worse then the original offense.

Criminal Convictions That Create Permanent Bars

Some criminal convictions permanently disqualify you from naturalization. These aren’t temporary obstacles you can overcome by waiting longer or showing rehabilitation—they’re absolute bars that can’t be waived. If you have one of these convictions, you won’t be able to become a US citizen through the standard naturalization process.

Murder Convictions

A conviction for murder at any time, under any circumstances, permanently bars you from establishing good moral character. It don’t matter if the conviction was 40 years ago, if you’ve lived an exemplary life since, or if you recieved a pardon from the governor. Under federal immigration law, a murder conviction is an permanent and absolute bar to naturalization.

This includes all degrees of murder—first degree, second degree, and even some manslaughter charges that the state classified as murder. The federal immigration definition is what matters here, not what you’re state called it. If your not sure weather your conviction qualifies as murder under immigration law, you definately need to consult with an immigration attorney before filing an N-400.

Aggravated Felonies: The Permanent Bar

Aggravated felony convictions create a permanent bar to naturalization—but only if the conviction occured on or after November 29, 1990. This specific date matters because thats when the Immigration Act of 1990 went into affect, which dramatically expanded the definition of aggravated felonies for immigration purposes.

The November 29, 1990 Dividing Line

If you were convicted of what would now be considered an aggravated felony, but the conviction occured before November 29, 1990, it doesn’t create an automatic permanent bar. You might still face scrutiny based off the nature of the offense and weather you can establish good moral character, but the conviction itself isn’t a per se bar the way post-1990 aggravated felonies are.

This is why the date of conviction matters so much. An applicant convicted of drug trafficking in 1989 might still be eligible for naturalization (depending on other factors), while an identical conviction in 1991 creates a permanent bar. Its not fair, perhaps, but its the law—based off when Congress chose to implement these stricter rules.

What Crimes Qualify as Aggravated Felonies

The term “aggravated felony” is actually a term of art in immigration law, defined in INA Section 101(a)(43). It includes a long list of offenses that might surprise you, because some aren’t actually “aggravated” or “felonies” under state law. The federal immigration definition is what controls—irregardless of how you’re state classified the offense.

Common crimes that qualify as aggravated felonies include:

• Drug trafficking crimes (even relatively small amounts in some cases)
• Firearms offenses (including illegal possession or trafficking)
• Money laundering
• Fraud or deceit offenses where the victim’s loss exceeds $10,000
• Theft or burglary offenses where the sentence imposed was at least one year (even if suspended)
• Rape and sexual abuse of a minor
• Certain violent crimes where the sentence imposed was at least one year
• Alien smuggling
• Document fraud (with certain exceptions for first offenses)
• Obstruction of justice or perjury where the sentence imposed was at least one year
• Tax evasion where the revenue loss exceeds $10,000

Notice how many of these depend on specific dollar amounts or sentence lengths? This is where things get complicated. You might of recieved a misdemeanor conviction under state law, but if the potential sentence was one year or more, it could still qualify as an aggravated felony for immigration purposes.

State Misdemeanors That Are Federal Aggravated Felonies

This is probly the most shocking thing for many applicants to learn: a crime your state classified as a misdemeanor can be treated as an aggravated felony under federal immigration law. The label your state court used don’t control the immigration consequences.

For example, lets say you were convicted of shoplifting merchandise worth $150—a misdemeanor in your state. But if the maximum possible sentence under state law was one year or more, and the crime involved theft, it could qualify as an aggravated felony for immigration purposes. The fact that you only recieved probation don’t matter; its the potential sentence that counts.

This state-versus-federal classification mismatch catches alot of people off guard. You might of thought you had a “minor” misdemeanor, only to discover it creates a permanent bar to citizenship. This is exactly why you can’t rely on what your criminal defense attorney told you years ago about immigration consequences—many of them don’t specialize in immigration law and might not of understood the federal implications.

Other Permanent Bars

Immigration Fraud in Obtaining Green Card

If you obtained your lawful permanent resident status through fraud, misrepresentation, or by violating immigration law, your permanently barred from naturalization. This isn’t technically a criminal conviction, but its listed in the same category of permanent bars.

Common examples include: marrying someone solely to get a green card (marriage fraud), lying on your green card application about criminal history or previous immigration violations, or entering the country illegally before adjusting status through fraud. USCIS takes these violations seriously because they go to the heart of weather you obtained you’re LPR status legally in the first place.

Certain Selective Service Violations

Men who were required to register with the Selective Service but failed to do so might face permanent bars to naturalization, depending on the circumstances. If you willfully failed to register and are now over 31, you can’t establish good moral character. However, if the failure was due to not understanding the requirement or other legitimate reasons, you might still have options.

This affects men who lived in the United States between ages 18 and 26 but didn’t register. If this applies to you, gather evidence showing why you didn’t register (didn’t know about the requirement, weren’t aware you needed to, received bad advice, etc.). A status information letter from the Selective Service System can help document you’re situation.

Real Scenarios: Permanent Bars

Criminal Convictions That Create Temporary Bars

Not all criminal convictions permanently destroy you’re eligibility for citizenship. Many offenses create what are called “temporary bars”—meaning they prevent you from establishing good moral character during a certain period, but that bar can eventually be overcome with time, rehabilitation, and demonstration of lawful conduct.

The key with temporary bars is understanding when the obstacle lifts and what you need to do in the meantime. In some cases, waiting until the conviction falls outside the statutory period is enough. In others, you’ll need to affirmatively demonstrate that you’ve reformed and established good moral character despite the conviction.

Crimes Involving Moral Turpitude (CIMTs)

Crimes involving moral turpitude (CIMTs) are offenses that involve dishonesty, fraud, or conduct that violates accepted moral standards. The definition is inherently vague—which makes it both frustrating and somewhat discretionary. Generally, CIMTs involve intent to defraud, intent to harm, or serious moral wrongdoing.

Common examples of CIMTs include: theft, fraud, assault with intent to harm, domestic violence, and many sex offenses. Traffic violations, by contrast, generally aren’t CIMTs unless they involve alcohol or drugs. The specific elements of you’re conviction matter, so two people convicted of “assault” in different states might have different outcomes depending on weather the statute required intent to harm.

The Petty Offense Exception

There’s an important exception for minor CIMTs: the “petty offense exception.” If you were convicted of only one CIMT, and the maximum possible sentence was one year or less, and you were actually sentenced to six months or less, the conviction might not bar you from establishing good moral character. This exception don’t apply to multiple CIMTs or to more serious single offenses.

Here’s where it gets tricky: its the maximum possible sentence under the statute that matters, not what you actually recieved. So if you were convicted of fraud with a maximum statutory sentence of two years (even though you only got probation), you can’t use the petty offense exception.

Multiple CIMTs

If you have convictions for two or more CIMTs that didn’t arise from a single scheme of criminal misconduct, you can’t establish good moral character during the statutory period. This doesn’t necessarily create a permanent bar (unless the crimes also qualify as aggravated felonies), but it means you’ll need to wait until both convictions are outside the statutory period before applying for naturalization.

For example, if you were convicted of shoplifting in 2018 and fraud in 2021—two seperate incidents—both convictions are CIMTs. If your applying under the five-year rule, you’d need to wait until 2026 (five years after the latest conviction) to have any chance. Even then, USCIS might scrutinize the pattern of behavior.

Drug-Related Offenses (Non-Trafficking)

Controlled substance violations generally create bars to good moral character—but they’re more nuanced then aggravated felonies. Simple possession (as opposed to trafficking) usually creates a temporary bar rather then a permanent one, with some important exceptions.

The Marijuana Exception

There’s a specific exception for one-time marijuana possession of 30 grams or less. If you have a single conviction for possessing 30 grams or less of marijuana (or hashish), and no other drug offenses, this conviction don’t create a per se bar to good moral character. You’ll still need to disclose it, and USCIS can still consider it as part of the totality of you’re circumstances, but it won’t automatically disqualify you the way other drug convictions might.

This exception has became increasingly relevant as many states have legalized or decriminalized marijuana. However, marijuana remains a controlled substance under federal law—which is what governs immigration. So even if you’re state has legalized marijuana and expunged you’re conviction, you still need to disclose it on the N-400, and it can still be considered (though it won’t create an automatic bar if it qualifies for this exception).

Other Drug Possession

Convictions for possessing drugs other then marijuana (cocaine, methamphetamine, heroin, etc.) create more significant obstacles. While they might not be aggravated felonies if the conviction was for simple possession rather then trafficking, they still prevent you from establishing good moral character during the statutory period.

If you have a conviction for non-marijuana drug possession, you’ll generally need to wait until its outside the statutory period (3 or 5 years before you apply). Even then, USCIS will look at the circumstances: Was it a one-time youthful mistake? Did you complete a drug treatment program? Have you maintained sobriety? Do you have employment stability and community ties? The totality of circumstances matters.

DUI and Alcohol-Related Offenses

DUI (driving under the influence) and DWI (driving while intoxicated) convictions are among the most common criminal issues naturalization applicants face. Weather a DUI bars you from citizenship depends on several factors: how many you have, when they occured, the specific circumstances, and what you’ve done since.

Single DUI

A single DUI conviction, especially if it occured several years ago and outside the statutory period, usually won’t by itself prevent naturalization. However, a DUI within the statutory period (the 3 or 5 years before you apply) will receive scrutiny. USCIS will want to see that you completed all court requirements—probation, DUI school, community service, fines—and that you haven’t had any other alcohol-related incidents since.

If your DUI involved aggravating factors (high blood alcohol content, accident with injuries, child endangerment), USCIS will scrutinize it more closely. These aggravated circumstances can elevate what would otherwise be a minor offense into something that raises more serious good moral character concerns.

Multiple DUIs

Multiple DUI convictions create a pattern-of-behavior concern that’s harder to overcome. USCIS views repeat DUIs as evidence of alcohol abuse or disregard for public safety—both of which undermine you’re good moral character claim. If you have two or more DUIs, especially within the statutory period, you’ll face an uphill battle.

That don’t mean its impossible. If you’re most recent DUI was six years ago, you completed an alcohol treatment program, you’ve maintained sobriety, you have steady employment, and you can show rehabilitation through character letters and program completion certificates, you might still succeed. But you’ll need to affirmatively demonstrate that you’ve addressed the underlying alcohol issue and changed you’re behavior.

DUI with Injuries or Death

A DUI that resulted in serious bodily injury or death is a different category altogether. Depending on how the state charged it, this could qualify as an aggravated felony (a crime of violence with a sentence of one year or more). Even if it don’t meet the aggravated felony definition, it will be heavily scrutinized as evidence of conduct that endangered others.

Domestic Violence

Domestic violence convictions are scrutinized extremely closely in naturalization cases. USCIS takes these offenses seriously because they involve harm to family members and might indicate character issues related to violence, control, or disrespect for others.

Domestic violence can encompass a range of charges: assault, battery, violation of protective orders, stalking, harassment, or threats. The specific statutory elements of you’re conviction matter, as does the context (isolated incident versus pattern of abuse) and what you’ve done since (anger management, counseling, compliance with protective orders).

If you have a domestic violence conviction, you’ll need to show that it was an isolated incident, that you’ve completed any court-ordered programs (anger management, batterer intervention), that you’ve complied with protective orders, and that you’ve demonstrated rehabilitation. Character letters from therapists, counselors, or community members can help, but USCIS will still scrutinize the conviction carefully.

Other Temporary Bars

Prostitution

A conviction for prostitution or commercialized vice within the statutory period prevents you from establishing good moral character. This includes soliciting prostitution, not just engaging in it. However, if the conviction is outside the statutory period, it won’t create an automatic bar—though USCIS can still consider it as part of the totality of circumstances.

Gambling Offenses

Illegal gambling can bar good moral character if you derived income principally from gambling during the statutory period. This isn’t about casual gambling or losing money at a casino—its about earning you’re livelihood through illegal gambling operations. A conviction for running an illegal gambling operation would raise significant GMC concerns.

False Testimony to Gain Immigration Benefits

If you gave false testimony for the purpose of obtaining any immigration benefit, this creates a permanent bar—not a temporary one. This is why honesty is so critical in all dealings with USCIS. Lying to gain an immigration benefit is worse then the offense you might be trying to hide.

Real Scenarios: Temporary Bars

The Good Moral Character Requirement: Beyond Criminal History

While criminal history is the primary focus when you have convictions, good moral character encompasses more then just avoiding crimes. USCIS evaluates you’re overall conduct, honesty, financial responsibilities, and respect for the law across multiple dimensions.

What Is Good Moral Character?

Good moral character isn’t precisely defined in the statute—its a flexible standard that USCIS applies based on the totality of you’re circumstances. Essentially, USCIS asks: Is this person of sufficient moral character to deserve the privilege of US citizenship?

The law lists certain things that automatically prevent GMC (murder, aggravated felonies, certain drug offenses, etc.), but it also gives USCIS discretion to evaluate other conduct. An adjudicating officer looks at everything: you’re criminal history, financial responsibility, family obligations, honesty in the application, respect for law enforcement, and overall conduct.

This discretionary aspect is both good and bad news. Its good because it means USCIS can overlook minor issues in the context of an otherwise upstanding life. Its bad because it creates uncertainty—you can’t always predict how an officer will evaluate borderline situations.

Beyond Criminal History: Other GMC Factors

Tax Compliance

Failing to file tax returns or pay taxes you owe can prevent you from establishing good moral character, even if you’ve never been criminally charged. USCIS reviews your tax history as part of the N-400 process, and they’ll want to see that you filed returns for the required years and paid what you owed (or have a payment plan in place).

If you owe back taxes, that don’t automatically disqualify you—but you should address it before applying. Set up a payment plan with the IRS, get current on filings, and bring documentation to your interview showing your in compliance. Ignoring tax obligations can be viewed as dishonesty or disregard for legal obligations—both GMC concerns.

Child Support Obligations

If you have been ordered to pay child support but have failed to do so, this can prevent you from establishing good moral character. USCIS views child support as a fundamental parental responsibility, and failure to meet it (without a valid excuse) reflects poorly on character.

Like tax issues, child support arrears don’t automatically disqualify you if your addressing them. If you’ve fallen behind, work with the child support agency to establish a payment plan and get current. Bring documentation showing your paying as ordered (or have modified the order due to changed circumstances). Willful failure to support you’re children is a serious GMC concern—but financial inability coupled with good-faith efforts to pay is viewed more favorably.

Honesty and Truthfulness

Honesty in you’re N-400 application and interview is critical to establishing good moral character. In fact, dishonesty about you’re background can be more disqualifying then the thing your trying to hide.

This is why you must disclose all arrests and convictions—even expunged ones, even old ones, even minor ones. USCIS will find them in the background check anyways, and if they see you didn’t disclose them, they’ll question weather your truthful. And truthfulness is itself evidence of good moral character.

If your not sure weather something needs to be disclosed, err on the side of disclosure. It’s better to over-disclose and explain an item then to omit it and have USCIS discover it later. The interview is partly a test of your honesty—officers are trained to look for consistency between what you’ve written and what you say.

Selective Service Registration

Men who were required to register with the Selective Service between ages 18 and 26 but failed to do so can’t establish good moral character if the failure was willful and there over 31. However, if you didn’t register because you didn’t know about the requirement, weren’t aware you needed to, or had other legitimate reasons, you might still be able to establish GMC.

If this applies to you, obtain a Status Information Letter from the Selective Service System (you can request it online). This letter will indicate weather you were required to register and if so, weather you did. If you didn’t register, prepare an explanation of why (weren’t aware, didn’t understand it applied to non-citizens, etc.). In some cases, USCIS will accept a reasonable explanation, especially if all other aspects of you’re application are strong.

Oath to Constitution

Part of good moral character involves being willing to take the oath of allegiance to the United States and support the Constitution. If you express unwillingness to do so (except for religious reasons with required documentation), this can bar naturalization.

Some applicants have concerns about the oath, particularly the part about bearing arms for the United States. There are accommodations for those with religious or conscientious objections, but you need to properly document them. Don’t simply refuse the oath without properly documenting you’re basis for a modified oath.

How USCIS Evaluates Totality of Circumstances

When you have criminal history or other GMC concerns, USCIS doesn’t look at any single factor in isolation. They evaluate the totality of you’re circumstances: How serious was the offense? How long ago did it occur? What have you done since? Do you have other positive factors (employment, family ties, community involvement)? Have you shown genuine rehabilitation?

This means two applicants with the exact same conviction might have different outcomes based on there overall profiles. Someone with a DUI three years ago who’s been unemployed, has no community ties, and has had additional police contacts might be denied. Someone with the same DUI who’s held steady employment, completed treatment, has strong family ties, and has volunteer involvement might be approved.

The key is to present yourself as a complete person, not just a criminal record. Use character letters from employers, community leaders, religious leaders, or counselors who can speak to you’re character. Document rehabilitation efforts—completed programs, counseling, community service. Show employment stability, family responsibilities, and community integration. Give USCIS reasons to view you as a reformed individual who deserves citizenship despite past mistakes.

The Continuous Evaluation Period

Here’s something many applicants miss: the good moral character requirement don’t end when you file you’re N-400. USCIS continues to evaluate your conduct from the filing date through the oath ceremony. If you commit a new offense during this period—even a minor one—it can derail you’re application.

This extended evaluation period means you need to be on your best behavior throughout the entire process, which can take 6-18 months or longer. Don’t assume that once you’ve filed, your “safe.” Any arrest, conviction, or other negative conduct during processing will be considered and can lead to denial.

Some applicants have been approved at the interview, only to have the approval rescinded because they committed an offense before the oath ceremony. Until you actually take the oath and become a citizen, USCIS is still evaluating weather you meet the good moral character requirement.

The Background Check Process: What USCIS Will Find

Understanding what USCIS will discover during there background check can help you prepare your application and avoid surprises at the interview. The background check process is comprehensive and will reveal your complete criminal history—irregardless of what you might hope they won’t find.

How USCIS Conducts Background Checks

FBI Fingerprint Check

When you attend you’re biometrics appointment, USCIS collects your fingerprints and submits them to the FBI for a comprehensive criminal history check. The FBI maintains a database of fingerprints from arrests throughout the United States, and they’ll match your prints against this database to identify any criminal history.

This fingerprint-based check is extremely thorough. It will show arrests and convictions from any jurisdiction in the US, even if they occured decades ago. The FBI database typically includes: arrests (even if they didn’t lead to conviction), convictions, incarcerations, probation records, and in some cases, warrants or pending charges.

Name-Based Checks

In addition to the fingerprint check, USCIS conducts name-based searches of various databases. These include searches of: FBI databases, national security databases, terrorist watch lists, state and local criminal databases, and other law enforcement systems. Name-based checks can sometimes produce false matches (especially for common names), but they can also reveal records that weren’t captured by fingerprints.

Interagency Information Sharing

USCIS has access to information from other federal agencies, including: Department of Homeland Security (DHS) databases showing your immigration history, State Department records of visa applications and passport information, Social Security Administration records, and IRS information regarding tax filings. This interagency sharing means USCIS can verify much of what you claim in you’re application.

What Shows Up on Background Checks

Arrests vs Convictions

Your background check will show both arrests and convictions. Even if you were arrested but not convicted—charges were dropped, you were acquitted, the case was dismissed—the arrest itself will appear. This is why the N-400 asks about arrests, not just convictions. You need to disclose arrests even when they didn’t result in convictions.

At the interview, be prepared to explain what happened with any arrests that didn’t lead to convictions. USCIS wants to understand the circumstances: Were you wrongly arrested? Were charges dropped because of lack of evidence? Did you complete a diversion program? Having documentation (court records showing dismissal, prosecutor’s explanation, etc.) can help clarify these situations.

Expunged and Sealed Records

State-level expungement or sealing of records don’t erase them from federal databases. The FBI retains criminal history information even when state courts have expunged or sealed it. This is because federal and state systems are seperate, and state court orders don’t bind federal agencies.

This creates a disconnect that surprises alot of applicants. They paid an attorney to expunge there conviction, the state court granted the expungement, and they (incorrectly) believed the record was gone. But for federal immigration purposes, expunged convictions must still be disclosed and will still appear on background checks.

When USCIS discovers an expunged conviction that you didn’t disclose, they don’t see it as “understandable because it was expunged.” They see it as dishonesty—failure to disclose when the N-400 specifically instructs you to list all arrests and convictions “even if your record was expunged or otherwise cleared.”

Juvenile Records

Juvenile adjudications (the juvenile court equivalent of convictions) generally need to be disclosed on the N-400, though they’re evaluated differently then adult convictions. The N-400 instructions have specific guidance on juvenile records, and if your not sure what needs to be disclosed, consult an immigration attorney.

In most cases, juvenile adjudications for minor offenses won’t prevent naturalization—especially if they occured many years ago and you’ve had no adult criminal history. But you still need to disclose them and be prepared to discuss them at the interview.

Foreign Convictions

If you were convicted of crimes in other countries before immigrating to the United States, these should also be disclosed. While foreign convictions might not show up on a standard FBI background check, USCIS can access information from you’re immigration file (including what you disclosed on previous applications), State Department records, or information from foreign governments.

Failure to disclose foreign convictions can be discovered and will raise honesty concerns. If you have foreign criminal history, gather whatever documentation you can (court records, translations, explanations of the foreign legal system) and disclose it fully.

Why You Must Disclose Everything

The single most important takeaway about background checks is this: USCIS will find out anyways, so you must disclose everything. The N-400 asks: “Have you EVER been arrested, cited, or detained by any law enforcement officer for any reason?” and “Have you EVER committed, assisted in committing, or attempted to commit a crime or offense for which you were NOT arrested?”

Notice the words “EVER” and even asking about crimes you weren’t arrested for. The instructions go on to say you must answer yes even if: your records were sealed or expunged; the charges were dismissed; you were found not guilty; you completed a diversion program; it happened when you were under 18; or it was a minor traffic violation (with some exceptions for minor traffic offenses).

Misrepresentation Is Worse Then the Offense

USCIS adjudicators understand that people make mistakes. They’ve seen thousands of applications from people with criminal history, and they know that a DUI ten years ago or a shoplifting charge from youth don’t necessarily mean your a bad person. What they can’t overlook is dishonesty.

If you disclose a conviction upfront, they evaluate it based on what it was, when it occured, and what you’ve done since. If you hide it and they discover it in the background check, there evaluation changes to: “This person lied on there federal application. Can we trust anything they’ve said? Do they lack good moral character because of the dishonesty itself?”

In many cases, the failure to disclose becomes the disqualifying factor—even when the original conviction might not of barred you. Misrepresentation to obtain an immigration benefit is itself a ground of inadmissibility and can permanently bar you from naturalization. It’s simply not worth the risk.

Documentation and Evidence You’ll Need

Preparing a strong naturalization application when you have criminal history requires gathering extensive documentation. The goal is to give USCIS a complete picture of what happened, what you’ve done since, and why you now deserve citizenship despite past mistakes.

Criminal History Documentation

Court Records and Disposition Certificates

For every arrest and conviction you disclose, you should obtain certified court records showing the disposition (outcome) of the case. These documents—sometimes called “certificates of disposition”—show what you were charged with, what you were convicted of (if anything), and what sentence you recieved.

To obtain these records, contact the court clerk in the jurisdiction were you were arrested. Different courts have different processes—some allow online requests, others require in-person or mailed requests. There’s usually a fee ($10-50 per case), and processing can take several weeks. Start this process early, especially if you have multiple offenses or arrests in different jurisdictions.

What should the disposition certificate show? Ideally: the charges filed, the plea or verdict, the conviction (or dismissal), the sentence imposed, and the date of completion. If you can’t obtain a certificate (the court has destroyed old records, for example), get whatever documentation you can—even a letter from the court clerk stating that records are unavailable can help.

Sentencing Documents

Obtain copies of you’re sentencing documents showing exactly what sentence was imposed. This matters because for some offenses, the sentence length determines whether its an aggravated felony or effects the severity with which USCIS views it. You want to show not just what you were sentenced to, but also what you actually served (if they’re different).

Proof of Sentence Completion

USCIS wants to see that you completed all aspects of you’re sentence. This includes: completion of probation (get a letter from your probation officer or court), payment of all fines and restitution (receipts or court records showing payment in full), completion of required programs (DUI school, anger management, drug treatment), and completion of community service hours (letters from the organization where you volunteered).

If you still have any pending obligations—outstanding fines, uncompleted community service, unfinished probation—address them before applying for naturalization. USCIS will view incomplete sentences as ongoing criminal issues that effect good moral character.

Rehabilitation Evidence

Beyond documenting what happened, you want to show USCIS what you’ve done to rehabilitate yourself and demonstrate good character since the conviction. This is especially important if you’re conviction is within the statutory period or raises significant concerns.

Treatment Program Completion

If you completed any treatment or rehabilitation programs—substance abuse treatment, alcohol counseling, anger management, batterer intervention, mental health counseling—obtain certificates or letters of completion. These documents show that you recognized a problem and took steps to address it.

The completion certificate should ideally include: the program name and type, dates of participation, number of hours or sessions completed, and a statement that you successfully completed the program. If possible, get a letter from the program director or counselor speaking to you’re progress and changed behavior.

Character Reference Letters

Character reference letters from people who know you well can provide powerful evidence of good moral character. The best letters come from people who can speak to you’re character with specific examples: employers, community leaders, religious leaders, teachers, counselors, or long-time friends.

A strong character letter should:

• Explain how the person knows you and for how long
• Describe you’re positive qualities and contributions
• Give specific examples of you’re good character (volunteer work, work ethic, family responsibilities, community involvement)
• Acknowledge awareness of you’re criminal history (if appropriate) and speak to you’re rehabilitation and changed behavior
• Express confidence in you’re worthiness for citizenship

Aim for 3-5 character letters from different aspects of you’re life (work, community, family, etc.). Quality matters more then quantity—one detailed, specific letter from someone who knows you well is worth more then ten generic form letters.

Employment History

Stable employment demonstrates responsibility and social integration. Bring employment verification letters showing you’re work history, especially continuous employment since any criminal conviction. Letters from employers should confirm: dates of employment, position held, job performance, and character assessment.

If you’ve been unemployed for valid reasons (student, caregiver, disability), document those circumstances. But if possible, show some history of lawful employment and financial self-sufficiency.

Educational Achievements

Any educational achievements since you’re conviction—completing a degree, obtaining a certification, finishing vocational training—demonstrate personal growth and rehabilitation. Bring diplomas, certificates, or transcripts showing educational accomplishments.

Community Service and Volunteer Work

Volunteer work and community service (beyond court-ordered service) shows commitment to giving back and being a contributing member of society. Document any volunteer activities: letters from organizations, volunteer records, community awards or recognition, or leadership roles in community groups.

Other Required Documentation

Tax Compliance

Bring copies of you’re federal tax returns for the past 5 years (or 3 years if applying based on marriage to a US citizen). These demonstrate financial responsibility and legal compliance. If you owe back taxes, bring documentation of you’re payment plan with the IRS and evidence of making payments as agreed.

Child Support Payment History

If you have child support obligations, bring documentation showing your current and making payments as ordered. This might include: court orders establishing support, payment records from the state child support agency, or bank records showing payments. If you’ve modified the order due to changed circumstances, bring the modification order.

Selective Service Registration

If your a man who was required to register with Selective Service, bring you’re registration confirmation or a Status Information Letter from the Selective Service System. If you didn’t register and your over 31, bring an explanation and any documentation supporting why you didn’t register.

Organizing Your Application Package

With criminal history, you’re application package will be more extensive then a standard case. Organization matters—you want the adjudicating officer to easily find what they need.

Document Organization Strategy

Consider organizing you’re documentation as follows:

1. N-400 Application (properly completed with all criminal history disclosed)
2. Standard Required Documents (green card copy, passport photos, fee payment)
3. Criminal History Section
   • Index listing each arrest/conviction with disposition
   • Court records and disposition certificates (organized chronologically)
   • Proof of sentence completion for each case
4. Rehabilitation Evidence Section
   • Treatment program completion certificates
   • Character reference letters
   • Employment verification letters
   • Educational certificates
   • Community service documentation
5. Financial Responsibility Section
   • Tax returns (5 years or 3 years)
   • Child support payment records (if applicable)
6. Personal Statement (optional but recommended—see below)

Personal Statement

While not required, a personal statement can be valuable when you have criminal history. This is you’re opportunity to explain what happened, take responsibility, and demonstrate how you’ve changed. A good personal statement:

• Takes responsibility without making excuses
• Briefly explains the circumstances (without dwelling on details or blaming others)
• Describes what you’ve learned from the experience
• Details steps you’ve taken to rehabilitate (programs completed, counseling, lifestyle changes)
• Demonstrates you’re commitment to lawful conduct going forward
• Expresses understanding of why good moral character matters for citizenship
• Respectfully requests consideration for naturalization despite past mistakes

Keep the statement to 1-2 pages, typed, and professional in tone. Don’t ramble or over-explain. Be concise, honest, and forward-looking.

The Citizenship Interview: What to Expect

The naturalization interview is you’re opportunity to demonstrate good moral character in person and address any concerns about you’re criminal history. When you have convictions on your record, the interview will include more extensive questioning about those offenses then a standard interview would.

Interview Structure for Applicants with Criminal History

Standard N-400 Interview Components

Every naturalization interview includes certain standard components: review of you’re N-400 application (going through questions to verify and update), English language test (reading and writing simple sentences), and civics test (answering questions about US history and government). These components are the same whether or not you have criminal history.

However, when you have disclosed criminal history, the officer will spend additional time reviewing the criminal offenses, examining you’re supporting documentation, and asking questions to evaluate weather you’ve established good moral character despite the convictions.

Criminal History Questioning

The officer will ask you detailed questions about each arrest and conviction you disclosed. Be prepared for questions like:

• “Tell me about the arrest on [date]”
• “What were the circumstances of this offense?”
• “What were you charged with and what were you convicted of?”
• “What sentence did you receive?”
• “Have you completed all requirements of you’re sentence?”
• “Have you been arrested or had any police contact since filing this application?”
• “What have you done to show you’ve changed since this conviction?”
• “Why should we grant you citizenship despite this conviction?”

The officer isn’t trying to trick you or make you feel bad—they’re genuinely trying to understand what happened, weather you’ve taken responsibility, and weather you’ve demonstrated rehabilitation. Answer honestly, directly, and without becoming defensive.

How to Answer Questions About Your Criminal History

Be Honest and Direct

Answer questions truthfully and directly. Don’t try to minimize the offense or shift blame to others. Take responsibility for what you did, even if there were circumstances that made it understandable. Honesty and accountability themselves demonstrate good moral character.

Don’t Over-Explain or Volunteer Unnecessary Information

Answer the specific question asked without rambling or providing extensive background that wasn’t requested. If the officer wants more information, they’ll ask follow-up questions. Over-explaining can sometimes create new concerns or inconsistencies.

For example, if asked “Have you been arrested since filing this application?” simply answer “No” if you haven’t. Don’t launch into “No, and I’ve been really careful not to get in any trouble, I don’t even go out anymore because I’m worried about…” Just answer the question asked.

Emphasize Time, Rehabilitation, and Changed Circumstances

When explaining older convictions or those you’ve addressed through rehabilitation, emphasize: how long ago it occured, what you’ve done to change (treatment, counseling, lifestyle modifications), how you’re life is different now (stable employment, family responsibilities, community ties), and you’re commitment to lawful conduct going forward.

For example: “Yes, I was convicted of DUI in 2018. I completed probation, DUI school, and an alcohol awareness program. I haven’t had any alcohol-related incidents since, and I’ve maintained steady employment at [company] for the past four years. I deeply regret that mistake and I’m committed to following all laws.”

Show Remorse and Understanding

Demonstrating genuine remorse and understanding of why the offense was wrong shows maturity and character growth. Don’t be flippant or dismissive about even minor offenses. Show that you understand the seriousness of what happened and that you’ve learned from it.

Documents to Bring to the Interview

Bring originals of all important documents (they’ll want to see originals, not just copies), plus copies to leave with them if requested. Specifically bring:

• Your green card
• Your passport (current and any expired passports)
• State-issued ID or driver’s license
• Original court records and disposition certificates for all arrests/convictions
• Proof of sentence completion (probation letters, payment receipts, program completion certificates)
• Rehabilitation evidence (treatment completion, character letters, employment verification)
• Tax returns for required period
• Child support payment records (if applicable)
• Any additional documents you submitted with you’re application or in response to RFEs

Organize documents in folders or sections so you can quickly locate what the officer requests. Don’t make them dig through a messy pile of papers—present yourself as organized and prepared.

Interview Behavior and Presentation

Dress Professionally

Dress as you would for a job interview—business casual or business attire. You don’t need a suit necessarily, but avoid casual clothing like jeans, t-shirts, or athletic wear. You’re appearance is the first impression and it should convey respect for the process and seriousness about citizenship.

Arrive Early

Arrive at least 15-30 minutes before you’re scheduled appointment. This gives you time to go through security, find the right office, and calm any nerves before the interview. Arriving late creates stress and starts the interview on the wrong foot.

Be Respectful and Cooperative

Address the officer respectfully (“Yes, sir” or “Yes, ma’am”), make eye contact, and maintain a polite demeanor throughout. Even if you feel the officer is being harsh or unfair, stay calm and respectful. Getting defensive or argumentative will only hurt you’re case.

Answer Only What’s Asked

Listen carefully to each question and answer only what was asked. If you don’t understand a question, politely ask the officer to repeat it or clarify. Its better to ask for clarification then to answer the wrong question.

Don’t Volunteer Unnecessary Information

While you must be truthful, you don’t need to volunteer information that wasn’t asked for. If the officer wants to know more about something, they’ll ask follow-up questions. Volunteering too much information can sometimes introduce new issues or create confusion.

After the Interview

At the end of the interview, the officer will typically tell you one of several things:

• Approved: You’ll recieve information about you’re oath ceremony, usually scheduled within a few weeks or months.
• Continued: The officer needs additional documentation or time to review something. You might recieve a Request for Evidence (RFE) or be scheduled for a followup interview.
• Denied: The officer has determined you don’t meet the requirements. You’ll recieve a written decision explaining the reasons.

If the officer don’t give you a decision at the interview, don’t panic. Many cases require supervisory review or additional processing, especially when criminal history is involved. You’ll recieve a written decision in the mail.

If Your Application Is Denied: Next Steps

Having you’re citizenship application denied is disappointing, but its not necessarily the end of the road. Understanding why it was denied and what options you have can help you determine the best path forward.

Common Reasons for Denial with Criminal History

Applications from people with criminal records are typically denied for one of these reasons:

• Permanent bar discovered: USCIS determined you have a conviction that creates a permanent bar (murder, aggravated felony post-1990)
• Good moral character not established: Your criminal history, combined with other factors, prevented you from demonstrating GMC during the statutory period
• Incomplete disclosure: You failed to disclose arrests or convictions, which USCIS viewed as misrepresentation
• New offense during processing: You were arrested or convicted of a new offense after filing but before the oath ceremony
• Sentence not completed: You still have pending probation, fines, or other uncompleted sentence requirements
• Insufficient rehabilitation evidence: USCIS determined you haven’t sufficiently demonstrated rehabilitation from the offense

Understanding the specific reason for denial is critical to determining you’re options.

Will Denial Lead to Deportation?

This is the question that causes the most anxiety: “If my citizenship is denied, will I be deported?” In most cases, the answer is no—denial of naturalization alone don’t trigger deportation proceedings. You’ll retain you’re lawful permanent resident status (green card) unless USCIS discovers something during the process that makes you removable.

When Denial Can Lead to Removal Proceedings

However, there are situations were denial might trigger immigration enforcement:

• If USCIS discovers you committed fraud in obtaining you’re green card originally
• If the criminal conviction that barred citizenship also makes you deportable (certain aggravated felonies, drug trafficking, etc.)
• If you committed a removable offense after obtaining you’re green card that USCIS discovers during the citizenship process

In these situations, USCIS might issue a Notice to Appear (NTA), which initiates removal proceedings. If this happens, you need an immigration attorney immediately.

Protecting Your Green Card Status

If you’re citizenship is denied but your green card status isn’t affected, focus on maintaining you’re LPR status: comply with all laws, meet residency requirements, file taxes, and maintain financial responsibility. You can continue living and working in the US as a permanent resident, even if citizenship isn’t currently possible.

Your Appeal and Reapplication Options

Form N-336: Request for Hearing on Decision

If you’re naturalization application is denied, you have the right to request a hearing before a different USCIS officer. This is done by filing Form N-336 within 30 days of recieving the denial notice.

The N-336 hearing gives you an opportunity to present additional evidence, clarify misunderstandings, or argue that the denial was incorrect. This option makes sense when: you believe the officer misunderstood the facts or law, you have new evidence that addresses the reason for denial, or there was a procedural error in the adjudication.

However, if the denial was based on a permanent bar (like an aggravated felony conviction), an N-336 hearing won’t help because the law is clear. In those cases, reapplying won’t succeed unless the underlying legal issue changes.

Reapplication Strategy

Depending on the denial reason, you might be able to reapply for naturalization in the future. If you were denied because:

• Conviction was within statutory period: Wait longer so the conviction falls outside the 3- or 5-year period, then reapply with strong rehabilitation evidence.
• Insufficient rehabilitation evidence: Spend the next year or two building a stronger case (completing additional programs, obtaining better character letters, establishing employment stability), then reapply.
• Multiple convictions creating pattern concern: Wait several more years demonstrating completely clean conduct, then reapply showing extended period of good behavior.
• Incomplete sentence: Complete all remaining obligations (pay fines, finish probation, complete programs), then reapply immediately.

When Reapplication Won’t Help

If the denial was based on a permanent bar (murder, post-1990 aggravated felony, certain other absolute bars), reapplying won’t succeed. The law has permanently disqualified you from naturalization. In these cases, focus on protecting you’re green card status and avoiding any actions that could trigger deportation.

Seeking Legal Representation

If you’re application is denied, strongly consider consulting an immigration attorney if you haven’t already. An experienced attorney can: review the denial decision and explain exactly why you were denied, evaluate weather an N-336 appeal has merit, advise on reapplication timing and strategy, help you gather stronger evidence for a future application, and protect you if the denial triggers any deportation concerns.

Many attorneys offer initial consultations for a reduced fee or sometimes free. It’s worth investing in professional advice to understand you’re options and make informed decisions about next steps.

Conclusion and Next Steps

Navigating naturalization with a criminal record is complex, but its not necessarily impossible. The key takeaways from this guide are:

• Not all convictions bar citizenship: While murder and post-1990 aggravated felonies create permanent bars, many other offenses create only temporary obstacles that can be overcome with time and rehabilitation.
• Disclosure is critical: You must disclose all arrests and convictions—even expunged, sealed, or ancient ones. Honesty itself demonstrates good moral character, while hiding offenses can disqualify you more then the original crime would of.
• Time matters: Convictions within the statutory period (3 or 5 years) carry more weight then older ones. Sometimes the best strategy is simply waiting longer before applying.
• Rehabilitation counts: USCIS evaluates the totality of circumstances, not just the conviction itself. Evidence of rehabilitation—completed programs, character letters, employment stability, community involvement—can make the difference in borderline cases.
• Good moral character is ongoing: GMC must be maintained from the beginning of the statutory period through the oath ceremony. Don’t commit new offenses during the application process.
• Each case is unique: USCIS evaluates applications individually. Two people with similar convictions might have different outcomes based on there overall profiles and how they present there cases.

Self-Assessment: Should You Apply Now?

Use these questions to assess weather your ready to apply for naturalization:

If you answered “yes” to all or most of these questions, you might be ready to apply. If you have concerns about any of them, consider consulting an immigration attorney before filing.

DIY vs Attorney: When to Get Legal Help

When should you handle the application yourself, and when should you hire an attorney? Here’s a general framework:

You might be OK handling it yourself if:

• You have a single minor misdemeanor that occured many years ago
• The conviction is clearly outside the statutory period
• You’ve completed all sentence requirements with documentation
• You have no other complicating factors
• Your comfortable preparing documentation and presenting you’re case

You should probably consult an attorney if:

• You have any conviction that might be an aggravated felony
• You have multiple convictions (especially CIMTs)
• You have a DUI with aggravating factors or multiple DUIs
• You have a domestic violence conviction
• You have any conviction within the statutory period
• You’re not sure what category you’re offense falls into
• You have immigration violations in addition to criminal history
• Your concerned about deportation risk if citizenship is denied

You definitely need an attorney if:

• You have a conviction that might be an aggravated felony or permanent bar
• You obtained you’re green card through questionable means
• You have multiple serious offenses
• You’ve had recent arrests or pending charges
• Your previous citizenship application was denied
• You recieved a Notice to Appear or are in removal proceedings

Where to Find Help

Free or Low-Cost Legal Resources:

• USCIS Legal Services List: Find free or low-cost immigration legal services at uscis.gov/avoid-scams/find-legal-services
• Pro Bono Programs: Many bar associations have pro bono immigration attorney programs
• Law School Clinics: Immigration law clinics at law schools often provide free representation
• Non-Profit Organizations: Groups like Catholic Charities, Lutheran Immigration and Refugee Service, and local immigrant rights organizations often offer legal assistance

Finding a Qualified Immigration Attorney:

• American Immigration Lawyers Association (AILA) lawyer search tool
• State bar association immigration section referrals
• Recommendations from community organizations or others who’ve gone through the process
• Look for attorneys who specialize in naturalization and criminal issues specifically

Official USCIS Resources:

• USCIS Policy Manual (especially Volume 12 on Citizenship and Naturalization)
• Form N-400 and detailed instructions
• USCIS Contact Center: 1-800-375-5283
• USCIS.gov naturalization information pages

Final Encouragement

If your reading this, you’ve likely made mistakes in the past—but your also taking responsibility by trying to understand you’re options and move forward legally. That itself demonstrates some of the character that USCIS looks for in citizenship applicants.

While the path to citizenship with criminal history is more challenging then for those with clean records, its not necessarily impossible. Many people with past convictions successfully become US citizens every year by being honest, thorough, and strategic in there applications.

Whether you apply now or wait longer, whether you proceed on you’re own or with an attorney, you can make informed decisions by understanding the rules, gathering strong evidence, and presenting yourself honestly. The key is being realistic about you’re situation while remaining hopeful about the possibilities.

Good moral character isn’t about being perfect—its about demonstrating that despite past mistakes, your a person worthy of the privilege of US citizenship. If that describes you, don’t let fear stop you from exploring you’re options. Research thoroughly, prepare carefully, and move forward with honesty and integrity. That’s the best strategy for success.

Last updated: November 2025. Immigration law and USCIS policies can change. Always verify current requirements and consult with a qualified immigration attorney for advice specific to your situation.