Submit the required documentation and provide your best possible application. An aggravated felony for which you have been convicted of on or after November 29, 1990. If for some reason you were subject to probation or a rehabilitation program, the officer will most likely ask for proof of completion of the program. They don't always know what information the United States Citizenship and Immigration Services (USCIS) will look at or whether they should be concerned. Don't expect to get any type of US visa, let alone an immigrant visa that leads to citizenship, with a criminal record. Aggravated felonies are a set of crimes in immigration law that are very serious and can lead to deportation for legal permanent residents. However, a DUI conviction will make your application process more difficult. The Application Package. If you have been convicted of a crime, and have subsequently been in the U. for either five years, or three if you are married to a U. citizen, then you still may be able to gain your citizenship. These temporary bars can be instigated by a number of convictions, offenses, or activities that you would commit during your normal naturalization period. Criminal History Information to Disclose on an Immigration Application. In this article, we'll cover an overview of how to get a second passport once you've paid your debt to society. This is dependent on whether you are married to a United States citizen.
The officer still can, and may, deny you for any reason he sees fit. If you are making a citizenship application from a foreign country then you will need to apply for the wavier at your green card interview. The most important thing to remember is that USCIS will weigh your criminal conviction against your good moral character. Criminal Convictions that May Prevent You from Becoming a US Citizen. All of my cases were dismissed and/or happened a long time ago. However, while this rule is on the books, it is very seldom used. BIA Interim Decision in the Matter of Martin Chairez-Castrejon: Firearms Offense vs.
Petty offenses: A petty offense is a crime that does not qualify as murder, an aggravated felony or a crime involving moral turpitude. Instead, they are the same parameters set for anyone who has to meet their permanent residence requirement. Request for Hearing after N-400 Denial. Most countries look particularly askance at drug crimes; they view drug crimes not only as a health risk but as a political threat. Good Moral Character Standard. It is important to also note that some of these crimes are typically considered as misdemeanors in state or local courts. While these questions may be straightforward for those who have no criminal history, if you do have a more complicated past then you must provide as more information as possible. A fingerprint check by immigration officials will likely reveal any arrests or criminal convictions. Although you may be eligible for citizenship, it is still up to the discretion of the USCIS officer when they are evaluating your application. Below are some examples: - Criminal intent or recklessness against another person. Citizenship and criminal record anyone successful first. Once your waiting period is over, you can file for citizenship as normal. A CORI is helpful if you cannot remember when or where a criminal incident occurred in Massachusetts. However, that can be a big risk to take, and that is why the assistance of an immigration attorney is imperative in the naturalization process.
If you have ever been convicted of a murder or aggravated felony, you will most likely be permanently denied U. citizenship. Another helpful tool to prove a good moral character is an immigration reference letter. USCIS can also give you a permanent bar for certain crimes that lead to imprisonment for longer than 1 year. The waiver is commonly referred to as a 212(h) waiver and decisions are assessed on a case by case basis. Citizenship and criminal record anyone successful at a. We had one case where a US citizen had a minor misdemeanor charge for public intoxication when he was a teenager.
Income tax evasion of over $10, 000. Also, please remember that on most Tuesdays and Thursdays at noon central time, you'll find us live in our Immigrant Home Facebook group and on the YouTube channel answering as many of your immigration law-related questions as possible. If you're applying for a visa, Green Card or citizenship, there is a lot of information you'll have to disclose about yourself. Let's lift the mood in this post, and talk about the positive. Citizenship and criminal record anyone successful business. After they process your application, a USCIS officer will weigh the severity of your crimes against your "good moral character. Most people pass the tests.
If you have ever been arrested, speak with an experienced immigration attorney before filing Form N-400, Application for Naturalization. Applicant spent 180 days or more in jail or prison for any crime. For example, if you committed theft, you can present proof that you were going through an eviction, foreclosure, or any other compelling circumstance at the time. Practically speaking, given the broad wording of the criminal history questions when applying for a visa, Green Card or to become a US citizen, the applicant will need to disclose any convictions, as well as any relevant arrests or charges, even if they didn't lead to a conviction. But not all crimes are created equal.
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