When you are an immigrant seeking legal permanent residency or citizenship in the United States, there are many issues and questions that may come up when you are in the process of submitting your application. One issue that may be particularly worrisome is how a criminal record can affect a person’s application for legal permanent residency or U.S. citizenship.
Generally, having a criminal history can affect your application and does lower your chances of being approved for either permanent residency or citizenship. This usually depends on the nature of your crime, and in some cases how long ago the conviction was entered. In addition, as we have noted before, if a person already has permanent residency, being convicted of a crime can lead to the revocation of that status and the beginning of deportation proceedings.
Convictions for some crimes result in a person being temporarily ineligible for U.S. citizenship for a period of time, while others result in permanent ineligibility. If a person is convicted of murder or a crime that is considered an aggravated felony, the person is permanently banned from becoming a U.S. citizen. On the other hand, convictions for less serious crimes may result in a temporary ban of three to five years, after which time the person can apply for citizenship.
Being granted citizenship is still a matter of discretion on the part of the government, this means that even if you were only convicted of a crime that results in temporary ineligibility, you may still be denied citizenship based on your background.
Lawful permanent resident applicants who have been convicted of crimes involving moral turpitude and crimes involving the trafficking of a controlled substance are ineligible to receive a green card. There are other criminal offenses that can bar an applicant from receiving permanent residency. In some cases, applicants who are closely related to a person with a conviction for trafficking controlled substances are also considered ineligible for permanent residency if they received financial support that was from the proceeds of the trafficking.
Immigrants seeking either permanent residency or citizenship should remember that they are required to disclose all their criminal history, even convictions for crimes in other countries. Failing to make the appropriate disclosures, and then signing the application saying you provided accurate information could result in more legal troubles for the applicant.
If your criminal convictions were in another country and a result of political prosecution, you may be eligible for a purely political offense exception from ineligibility. It is important to discuss this kind of criminal history with an attorney. Applicants should remember that for immigration purposes, guilty pleas and other forms of criminal dispositions can count as convictions.
Contact Us for Legal Assistance
If you have been convicted of crimes in the United States or in another country and are thinking about applying for permanent residency or U.S. citizenship, you need to contact an experienced immigration attorney to discuss how the convictions could affect your application. Contact our multi-lingual staff to speak to experienced immigration attorney Nathan Wei from Strassburg, Gilmore & Wei, LLP, in Pasadena, California.