Faced a Criminal Charge or Conviction? Immigration Lawyers Can Help You File for U.S. Citizenship

You have resided in the U.S. for the qualifying number of years. Not only that, but you have shown good moral character proving you are ready to become a naturalized citizen. Unfortunately, as a lawful permanent resident having a crime on your record can block your approval. Regardless of if it happened five years or 10-years ago, the U.S. Citizenship and Immigration Services (USCIS) could use it as a determining factor in your case. Per U.S. law, all immigrants residing in the country must have been and continue to be a “person of good moral character.” Meaning, if you get charged with even a minor offense, it can cut your chances of naturalizing in half.

At our law offices of immigration in Los Angeles, we refer to that as a “GMC period.” Such periods are centered on requirements, particularly how long you need to live in the U.S. to apply.

• Individuals who have a green card and are married to a U.S. citizen can apply for citizenship after three years.
• Those living in the U.S. on a green card or non-immigrant visa can apply after five years.

During that time, a citizenship lawyer in LA would advise you to learn about common American laws and policies. If you got convicted of breaking one during the GMC period (three to five years), the USCIS would hold it against you in immigration court.

If it has been five years since you got convicted of breaking the law, it is best to wait a few more years after the arrest to apply. It is better than taking a risk and facing denial of your application. However, before making that choice, reach out to one of our LA attorneys for legal immigration help first. We can discuss whether waiting is best and if it will work in your favor.

Crimes, Offenses, Good Moral Character: Considerations During Naturalization Processes

As a newcomer, you may not be well-versed in criminal processes. If you paid a fine, went to court, or were issued a ticket that required payment, chances are a law got broken. Read on for three legal definitions that can assist your naturalization process:

Crime: Violation of law where there is an injury to the public or a member; consensual actions or violations against the law. It may result in jail or prison time, a fine, or other penalties.

Offense: Crime or punishable violation of the law – any magnitude.

Moral Character: This is an analysis or assessment of one’s steady moral qualities. How one thinks, feels, and behaves under ethical standards.

There are several convictions you can face. We break it down into five different categories below:

• Convictions that indicate you have bad moral character,
• Lead to deportation and removal, even if you have good moral character,
• Leading to the USCIS establishing you do not meet all the requirements,
• Convictions the USCIS do not consider to be violations of moral character, and
• Multiple sentences.

How Will USCIS Find Out?

Thought of hiring a lawyer for the naturalization process in Los Angeles? It is best before you start applying. From the moment you file the N-400 application, the process will become very challenging. The following requirement is biometrics. Fingerprints and names will get assessed and cross-referenced on a federal, state, international, and local level.

Failing to include information can slow down the approval process and result in consequences. For example, if you go by other variations of your name, include them in your application. Name checks will not get conducted during the interview.

The USCIS requires you to submit a certified copy of all criminal convictions, as well as proof that you complied with fines, probations, and other consequences. Should you still be on probation or miss a payment, you can not proceed. That includes traffic tickets as well.

Convictions That Make You Deportable

If you or a loved one applied for naturalization with any conviction, it could end in removal regardless of how long you have lived in the U.S.

Any consequential sentence like murder or aggravated felony will get immigrants permanently deported and barred from ever qualifying for citizenship. There is no waiting period to get them out of it. Other convictions that have serious repercussions are:

• Domestic violence
• Protective order violations
• Firearms and drugs

However, if you have shown good moral character, with no convictions during the “GMC period,” the USCIS will exercise prosecutorial discretion. Meaning they will not begin removal proceedings and allow you to proceed to naturalize. With such a time-sensitive case, frequently consult with a Los Angeles naturalization lawyer.

Sentences Where Immigrants Do Not Have GMC

Not all crimes permanently prohibit immigrants from naturalizing, nor do they make them deplorable. However, the USCIS can still categorize them as having bad moral character. For example, if you get caught for shoplifting and apply for naturalization without waiting until the arrest, there is a high chance the application will get denied.

Over the years, Immigration Services have found convictions to be of bad moral character whether someone knew of and intentionally broke the law. But you don’t have to be a model, perfect citizen. Something as minuscule as speeding or one parking ticket would not hurt your chances entirely.

Multiple Convictions Complicate the Case

If you got convicted of more than one criminal act, your case would become more complicated. It gives the USCIS a reason to consider your entire record – not just the GMC period.

Example: An individual applied for naturalization. Six years ago, he got a DUI conviction. Although, during the GMC period, he maintained a clean record with no arrests or problems until last year. He got caught fishing without a license. Outside of the DUI, one minor offense wouldn’t have hurt his chances or moral character.

What the USCIS sees is a pattern of bad behavior that disregards U.S. law. Examiners may presume that the applicant did not learn his lesson the first time or the second time. Immigration Officers can rule in any way that deems fit for your case.

Will Waiting Five Years Work?

At Grey Law, we do not want you to risk denial, especially if you have prior convictions. The takeaway of this article is that you must have a clean record during the GMC period and not have committed a crime that would make you deplorable. That could mean waiting five years from the date of your arrest before submitting the application – or not applying at all.

It is just as much a personal decision as it is a legal one. If you have questions, reach out to our law firm for a free consultation.

About Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help. At Grey Law, we strive to help clients through complex processes for positive results. Our Los Angeles immigration lawyers are well-versed in more than several practice areas:

• Family-Based Immigration
• Employment-Based Immigration
• Naturalization and Citizenship
• Permanent Residency and Green Card
• Deportation and Removal
• Immigrational Appeals
• Non-Immigrant Visas
• Criminal Victim Visa

In the past year, COVID-19 has drastically impacted citizenship in the U.S. We adjust and act accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.