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If you are in the process of applying for U. S. citizenship and have a criminal record in your home country or in the U. S., we always recommend approaching the process with honesty and transparency. By a conviction of at least two offenses which have resulted in a combined sentence of at minimum five years, with exceptions for political offenses. Citizenship and criminal record anyone successful is a. It is possible to submit your request for a waiver with your green card holder application if the US is currently your home country. Having read several threads where the author either has, or will be, moving back to India or Pakistan immediately after gaining US citizenship, I can't help feeling lost and confused as their motivation. Otherwise, you won't be able to secure a visa interview or be taken to the next step in your immigration process. Telling the truth on this application is crucial, as failure to correctly identify this information on your Form N-400 can result in you losing your citizenship application if any attempt to lie or mislead is discovered. Failure to Appear to Court (offense punishable by at least 2 yrs). Who Needs a USCIS Background Check? Certain crimes will temporarily bar applicants from citizenship.
If you're applying for a visa, Green Card or citizenship, there is a lot of information you'll have to disclose about yourself. If you have committed an unlawful act that tends to suggest against having a good moral character, unless you can establish that there were extenuating circumstances. A professional convicted of auto theft after failing to return a rental car on time. Citizenship and criminal record anyone successful will. What you can, and should do, however, is consult with an immigration attorney before filling out any paperwork or speaking with any representative of the United States Government to best ensure what you say is proper and completed in a manner that is accurate and leaves Federal authorities with the most favorable view of you and your application. It is one of the most important steps in your life. Note to Reader: This post was originally published on May 2, 2017, and has been modified with improvements.
You will still need to disclose this information regardless of whether or not your case was dismissed. Applicant committed any crime related to illegal drugs other than a single offense involving 30 grams or less of marijuana. Conviction of one of these crimes will typically bar you from receiving citizenship for five years after your conviction date (only three years if your permanent residence is based on marriage to a US citizen). If USCIS finds you lack good moral character, you can potentially be deported. Stilt is committed to helping immigrants build a better financial future. It will just be slightly more difficult since the reviewing officer will consider how your criminal record speaks to your good moral character. Another possible conviction that could make you ineligible for citizenship is having on your record a crime of moral turpitude. If you've paid your debt to society, aren't wanted, and have changed your life, you should be able to start a new chapter. BIA Interim Decision in the Matter of Martin Chairez-Castrejon: Firearms Offense vs. You may also present additional evidence with the N-336. Under USCIS definition, aggravated felonies refers to: - Rape. Although you may be eligible for citizenship on paper, the USCIS officer reviewing your case still has the final say. Can I File for U.S. Citizenship if I Have a Criminal Record. There are a few things to consider if you're concerned about obtaining citizenship with a criminal record. The crimes that result in an automatic and permanent bar from citizenship include murder and any "aggravated felony" committed on or before November 29, 1990.
So what does it mean to be "convicted" of a crime for immigration purposes? So if everything looks good after the interview, but you get a DUI before you are actually naturalized, then you severely risk getting denied. If you are living in the United States then you will need to complete a section about your criminal convictions on form I-485. Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines. Overall, there are around 20 questions related to criminal records and convictions covering a whole host of areas including resisting arrest, illegal gambling, drug crime or drug trafficking and crimes involving moral turpitude. Citizenship Denied - Now What. The types of aggravated felonies that fall under this category may surprise you.
Although there is an exception to the temporary bar rule for a single offense involving 30 grams or less of marijuana, possession or use of any amount may still affect the "good moral character" assessment. If you have been convicted of a crime, it is crucial that you consult with an immigration attorney before you apply for U. citizenship. Temporary Bars Based on Criminal Convictions. In some instances, although you have committed a crime, that conviction, incarceration, or engagement in illegal activity will only temporarily bar you from being able to gain U. USCIS refers to these as "conditional bars. Federal Criminal Defense Lawyers: From Investigation Through Trial. Citizenship and criminal record anyone successful in using. For instance, if you served two sentences, and one was for two years and the other for three years, USCIS considers that five years. If there is a type of match found, it will mostly be resolved in 6 months. This is especially notable since it can result in a permanent bar to obtaining lawful status as United States or Expunged Criminal Records. No country is going to give you citizenship if you're on the lam, short of you being an influential figure or Vladimir Putin wanting to flip the bird to the West. 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. One way it does this is by checking the criminal history of applicants who desire citizenship or permanent residency status, as well those who want entry into the United States. If you are wondering, "what kind of background check does USCIS do? "
What "Country of Residence" and How to Know Yours When on a Visa. You must make sure that your application for naturalization is true and accurate when filed. Your good moral character will be determined by the circumstances and facts that are specific to your case. Suppose, for example, that you were convicted of theft four times in your home country, but you were a juvenile at the time.
Receiving 5-year sentence. The more you know about your criminal record, and how it will affect you, the better. Sign up for CitizenPath's FREE immigration newsletter and. Can You Get a Second Passport with a Criminal Record. Don't expect to get any type of US visa, let alone an immigrant visa that leads to citizenship, with a criminal record. There are many variables that affect the decision, including: - The disposition of a criminal event. Vehicle trafficking.
If you fail the English and/or civics test in your initial interview, USCIS will schedule you to come back for another interview within 60 to 90 days days of your first interview. The nature of the crime. Jim or Andrew, or Manny, or whoever, you guys say that we made a mistake. Applicant spent 180 days or more in jail or prison for any crime. Stronger applications get better loan offers. What is considered reckless or intentional behavior is often judged more harshly. Severe violations of religious freedom.
Aggravated felonies are a set of crimes in immigration law that are very serious and can lead to deportation for legal permanent residents. If you have been involved in illegally smuggling a person in the U. When applying for naturalization, USCIS will obtain your biometrics and run a criminal background check.