If you have LPR status and you are applying for U.S. citizenship through naturalization, one essential question is whether you have ever been charged, arrested, or convicted of a crime inside or outside of the United States. Although not every crime creates a bar to receiving U.S. citizenship, others do. Whether your crime is a misdemeanor or felony does not matter in Immigration terms. (That is not how Immigration works. Immigration is Federal.) Other crimes may raise questions about whether you have the required good moral character USCIS requires for the last 5 years. (For some Applicants 3 years.)

You should see an immigration lawyer for a check of your criminal record and what it means in immigration legal terms. To give you an idea of what your lawyer will need to analyze. This is just a brief overview of serious crimes that could permanently bar someone from U.S. citizenship and other crimes that could delay qualifying for citizenship. Not all crimes are about your convictions with Immigration. If you were arrested, no matter the outcome or what country you were arrested in, you must answer "yes" when you are asked if you were ever arrested.

First, let's talk about some crimes that permanently bar applicants from citizenship. If you have been convicted of an aggravated felony AFTER November 29, 1990, of course, this includes murder, you are permanently barred from U.S. citizenship. This is not discretionary, no matter what you do or say, this is mandatory. (Follow Mercer Law to learn more about Aggravated Felonies.) The criminal history that you need to disclose to Naturlize goes beyond your record of convictions. You will need to state all arrests and any other crimes for which you were not arrested or convicted.

Other types of convictions result in a temporary bar. In most cases, an LPR will need to wait for five years after the date of the crime before applying for citizenship (or possibly three years in some situations). To make things more complicated. You must understand the Federal laws, the circuit laws, and the State laws to truly know if you are safe to file to Naturalize.

You may believe because your case was Nolle Prossed or Dropped, (etc.) you were not convicted. That is not true for Immigration purposes. For example, if you had to pay a court fee of any kind, were sentenced to take any class, received pre-trial release, or agreed to any stipulation, etc. In the eyes of Immigration, you were charged with a crime.

If you have ANY type of ARREST, NO MATER WHAT THE OUTCOME IS IN COURT, this includes whether your record was expunged or sealed, you must give Immigration curtain documentation. However, legally, Immigration is only entitled to certain court documentation for criminal cases. I am not hiding helpful information from you. The Immigration Judge and reviewing federal courts must use a complicated process called the "categorical approach." This involves comparing the generic criminal definition with the local or state definition.

What happens if you incorrectly answer questions on your Naturalization Application?

Well, a denial should be expected. But it could get worse. you could end up in deportation proceedings.

Call Mercer Law, we can help. 561-582-8077.