Can You Apply for Naturalization If You Have a Criminal Record?

We get this question more than almost any other: “I messed up years ago. Can I still become a citizen?”

Here’s the truth – it depends. Sometimes yes. Sometimes no. Sometimes not yet. The law doesn’t shut the door on everyone with a record. But it does ask questions.

How USCIS Sees It

When you file for citizenship, USCIS looks at a lot more than just how long you’ve had your green card. They check for “good moral character.”

That phrase sounds old-fashioned, but it really means: do you follow the law, keep your promises, pay your taxes, and tell the truth?

Most people are judged on the last five years before filing (or three, if married to a U.S. citizen). But if something serious is buried deeper in your past, the officer can still bring it up.

They’ll review every arrest and every conviction – even those that were dismissed or sealed. It’s not to punish you twice; it’s to see whether you’ve learned from it.

The Hard Stop: Serious Crimes

Some offenses permanently block citizenship. These are called aggravated felonies under immigration law – and they don’t always line up with what state law calls a felony.

We’re talking murder, rape, child abuse, drug or gun trafficking, and big fraud or theft cases that led to at least a year in jail. Even tax crimes or smuggling can fall under the definition.

If you were convicted of an aggravated felony after November 29, 1990, naturalization is basically off the table. It’s one of the few truly permanent bars.

The Middle Ground: Waiting It Out

Other cases aren’t permanent. They just need time.

DUI, domestic battery, shoplifting, or minor possession – those can all delay approval, but not necessarily block it forever.

We’ve had clients wait out the clock, stay clean, build stability, and later get approved. USCIS officers care about patterns. They notice when someone has worked, paid taxes, and stayed out of trouble for years.

One man we helped had a misdemeanor theft from nearly a decade ago. He’d finished probation, kept steady work, and volunteered at his church. That case got approved without hesitation.

Arrests Without Convictions

Even if your case was dropped, USCIS will see it. The FBI report doesn’t forget.

You still need to list the arrest on your N-400. Leaving it out looks worse than including it. We’ve seen denials over omissions that weren’t even crimes. Transparency is safer.

If something was dismissed, attach the court record showing it. A one-page order can save you months of explanation.

Before You File

If you have any history with law enforcement, preparation matters.

1. Collect your court paperwork. Certified copies only – USCIS won’t accept printouts.
2. Pull your FBI background report. You might be surprised what’s still listed.
3. Talk to an immigration lawyer. Even minor state convictions can be treated differently under federal law.
4. Make sure every fine, probation, or restitution is finished. Unresolved cases look bad.

We’ve seen people file too soon and end up in removal proceedings. That’s not where you want to be.

The Interview

When you sit down with the USCIS officer, they’ll likely ask about your record. Keep your answers short and truthful.

Something like:

“Yes, I was arrested for DUI in 2016. I completed all court requirements and haven’t had any other issues.”

That’s enough. Don’t volunteer stories that aren’t asked for. Honesty and calm go further than justifying everything.

What “Good Moral Character” Really Means

This phrase shows up everywhere in immigration law. It covers more than crime – things like unpaid taxes, false statements, or failing to support dependents.

You don’t have to be perfect. But you do need to be consistent. If you’ve made mistakes, show you’ve learned from them and kept a clean record since.

Rehabilitation Counts

USCIS won’t use the word forgiveness, but they do look for evidence that you’ve changed.

Steady job history, family support, community service – it all helps. One of our clients once said, “I just kept living right and hoped it mattered.” It did. His case was approved because his life told a better story than his old record did.

When to Wait – and When Not To

If your record is recent or serious, waiting is almost always smarter than rushing. Filing early can backfire – sometimes badly.

We once saw a person with a pending probation. USCIS immediately denied the case and initiated removal. Waiting a year could have avoided that.

If you’re unsure, ask a lawyer before filing. A half-hour consultation can save you years of stress.

Bottom Line

Having a criminal record doesn’t automatically mean you can’t become a U.S. citizen. It means you need to be careful, honest, and well-prepared.

Officers can tell when someone’s trying to hide something. They can also tell when someone has truly moved on.

Take the time to gather your records, understand your past, and file when the timing is right. Many people with old convictions become citizens every year. You can too – as long as you do it the right way.

Sources:

Immigration and Nationality Act §§101(a)(43), 316(a), 101(f)

8 C.F.R. §316.10 – Good Moral Character

USCIS Policy Manual, Vol. 12, Pt. F

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