Old Criminal Cases Could Prevent Citizenship
The other day, I overheard someone trying to help her mother get US citizenship. But she came close to putting her mother into the deportation process instead.
Here's what happened. Rosa (not her real name) wanted her mother, Soledad (not her real name), to finally become a US citizen. Rosa knew a little about the process and knew that you had to provide USCIS with Certificates of Disposition - official court records - for all past criminal cases. Rosa went to the clerk's window and said "hello, I am here because my mother is applying for citizenship and I need the dispositions on all her cases." The clerk said, "well I can see about five cases here. You want all of those?" I thought to myself, “Soledad is going to need a good lawyer.”
Most people think that a criminal case from long ago won’t affect a citizenship application. Sadly, that is not true. All criminal cases can affect the citizenship application
-even if your criminal case is finished and you are done with all sentences or probation
-even if the criminal case was a long time ago
-even if the criminal case was only for a misdemeanor
Rosa knew that USCIS will look at Soledad's past five years of paying taxes, work history, etc., and will decide whether Soledad has "good moral character.” And that USCIS will want information about Soledad's entire criminal history. But Rosa did not realize that her mother could still be at risk of a deportation for the old criminal cases.
How are old criminal convictions going to affect the citizenship application?
There are a few ways:
First: your citizenship application can lead you to immigration court for a possible deportation if you have an old criminal conviction(s) that makes you deportable, such as drug possession, shoplifting or theft, domestic violence, causing harm to a child, gun possession, and many more. USCIS will put your citizenship case on hold while you first appear in immigration court to fight a deportation case.
Second: For very old criminal convictions, ICE (Immigration and Customs Enforcement) may still not have realized what is on your criminal record. Filing a new application will alert them because you will be fingerprinted and a search will be done of your criminal history for as long as you have been in the U.S. Once the immigration authorities know about your criminal history, they can start a deportation case against you for any deportable convictions. (The same thing will happen if you return to the US after a trip abroad if you have convictions that make you inadmissibie.)
Third: You may not be deportable or inadmissible but your criminal cases could lead to a denial of your naturalization application because of the good moral character requirement. Each applicant is required to show good moral character for 5 (or sometime 3) years. USCIS can say you don't have good moral character if you have a recent arrest, you recently finished your jail sentence or probation, or there is other evidence of bad moral character during the five years. If you have a conviction for driving while intoxicated or under the influence in the past 5 years, even if it’s a misdemeanor or a violation, USCIS will not grant you citizenship.
To be SAFE, and make sure your citizenship will be granted, speak to an immigration attorney BEFORE you file any applications, renewals, or travel outside the U.S.!
So what happened with Rosa and Soledad?
Rosa and I looked at the certificates of disposition for Soledad's old criminal cases. Soledad had four NY convictions for gambling crimes. Rosa told me that she didn't think they would affect her mother because they happened almost 30 years ago. I gave Rosa the information that you are reading now. Now Soledad and Rosa can understand her risk in applying for citizenship and decide what to do.
Call my office for a consultation to discuss your own situation and whether you should apply for US citizenship. With or without criminal history on your record, the citizenship process can become complicated. I can help to make the process smooth and successful.