Unfortunately, applying for United States citizenship can be a very daunting process, especially with a criminal record. If you’re worried that a criminal record can be holding … Some crimes make a person only temporarily ineligible for citizenship. As a general rule, you should avoid applying for citizenship if you’ve been convicted of any crime within the last 5 years. Citizenship and Immigration Services (USCIS) is going to check your criminal background and make sure you are not a threat to the security of the United States. Once it has your biometrics, USCIS will submit the records to the Federal Bureau of Investigation (FBI) for a full criminal background check. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. In making its judgment on your character, USCIS considers such factors as whether anyone was injured, whether you cooperated with the police and the courts, whether you were drinking or carrying an illegal weapon, and whether there were other "extenuating circumstances" (in other words, whether some forces outside your control were involved). (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. You committed any crime related to illegal drugs other than a single offense involving 30 grams or less of marijuana. You participated in illegal vice activities—for example, hired a prostitute. In some states, the information on this website may be considered a lawyer referral service. If you are a green card holder applying for U.S. citizenship through the process known as naturalization, one important question will be whether you have ever been arrested for, charged with, or convicted of a crime or other unlawful act. The FBI has a National Name Check Program (NNCP) that does a search for your name to see whether it appears in any personnel, administrative, applicant, or criminal files compiled for law enforcement purposes. Naturalization records from state or local courts are often at state archives or county historical societies. Because this area is so complex, see a lawyer if you believe your criminal record could affect your citizenship application. All USCIS application support center facilities are accessible to applicants with disabilities. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. If, after the date you committed the crime, you wait out the same number of years that you must have to meet your permanent residence requirement—typically five years, or three years for applicants married to and living with a U.S. citizen for all that time—you might be able to receive U.S. citizenship. an aggravated felony (if the conviction was after November 29, 1990). The lawyer can determine whether you will have a problem applying for citizenship and confirm how many years you should wait after the conviction date before you apply. To give you an idea of what your attorney will need to analyze, this article offers a brief overview of the most serious crimes that will permanently bar a person from citizenship and the various other crimes or legal violations that will block or delay qualifying for citizenship. 1-86-NARA-NARA or 1-866-272-6272, Immigrant Records at the National Archives, Freedom of Information Act (FOIA) request to USCIS, replacement certificate of citizenship from USCIS, Certification of Non-Existence of a Record of Naturalization, Reference Reports on Citizenship and Naturalization, A Gold Mine of Naturalization Records in New England, Name Index to Naturalization Records from Dakota Territory and South Dakota, Name Index to North Dakota Naturalization Records, Name index to naturalization records, including declarations and petitions, U.S. District Court, District of Nebraska, McCook Division, Name index to naturalization records, including declarations and petitions, U.S. District Court, District of Nebraska, Chadron Division, Name index to naturalizations, 1846 - 1890, U.S. (See USCIS Policy Manual at Chapter 5 - Conditional Bars for Acts in Statutory Period.). Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. If you are unable to attend any biometrics appointment because of a disability, or if you're in the hospital or unable to leave your house, USCIS will make special arrangements to take your biometrics. For a start having a police record could ruin your chances of gaining U.S. citizenship and you could even be deported. The results of the name check are considered good for 15 months. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. In 2019, however, the Trump Administration issued a memo stating that while it must be decided on a case-by-case basis, examples of unlawful acts include bail jumping, bank fraud, conspiracy to distribute a controlled substance, failure to file or pay taxes, falsification of records, false claims to U.S. citizenship, forgery, insurance fraud, obstruction of justice, sexual assault, Social Security fraud, unlawful harassment, unlawfully registering to vote or voting, and violating a U.S. embargo. You will also need to give a statement under oath about any criminal background you have in the period of good moral character. In other words, the U.S. The officer should take into consideration the education level of the applicant and his or her knowledge of the English lang… A record from overseas counts as well, unless it’s an instance where a refugee or asylee was a victim of inappropriate government prosecution. Resisting arrest has been found to be a crime of violence. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. National Archives staff can only issue a certified copy of a document in our custody (see 44 USC 2116 and 44 USC 3112). If anything on your record remotely resembles a crime on the list above, see a lawyer. By Ilona Bray , J.D. There is no such thing as expungement … You operated a commercial vice enterprise—for example, were a prostitute, ran a call-girl ring, or sold pornography. USCIS has exclusive authority over matters concerning citizenship records after 1906 and can provide a, Naturalization records dated prior to October 1991 from the, In most cases, the National Archives will. Naturalization is the process by which an alien becomes an American citizen. Do Not Sell My Personal Information, Who Is Legally Eligible for Naturalized U.S. The attorney listings on this site are paid attorney advertising. Citizenship, Complications and Bars to Eligibility for U.S. Even if you have not committed a crime that would subject you to a permanent or temporary bar automatically, USCIS may deny your application if the type of crime that you committed shows a lack of moral character. Citizenship, FAQs About Citizenship Bars and Eligibility Problems. Prior to September 27, 1906, any "court of record" (municipal, county, state, or Federal) could grant United States citizenship. You can't have your naturalization interview with USCIS until the FBI name check is complete and you've been cleared. Many stories exist of immigrants who innocently or negligently committed criminal acts that are later classified as aggravated felonies—for example, someone who befriends a drug dealer, buys a fake green card, or has sex with an underage girlfriend. If USCIS hasn't given you citizenship by that time, you will have to wait for the FBI to do another name check. Citizenship and Immigration Services (USCIS) officer who interviews you and reviews your citizenship application will have no choice but to deny your application for naturalization. Circuit and U.S. District Courts, Eastern District of Missouri, Eastern Division (St. Louis), Naturalization Records available at the National Archives at Kansas City, Naturalization Records available at the National Archives at Chicago, Naturalization Records available at the National Archives at Riverside, Naturalization Records available at the National Archives at New York City, order copies of naturalization records online, How to File a FOIA Request for Archival Records.
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