Can I Apply for U.S. Citizenship If I Have a Criminal Record In NYC?

Applying for U.S. citizenship is an exciting time, but it can be a complicated and overwhelming process, especially if you have a criminal record. The United States Citizenship and Immigration Services has defined crimes that might bar you from citizenship and those that can make it just a little more complicated. A NYC citizenship lawyer can guide you through your questions, including whether you can apply for U.S. citizenship if you have a criminal record in NYC.

Misdemeanors and U.S. Citizenship

Having a misdemeanor on your record does not automatically bar you from achieving U.S. citizenship. Instead, your eligibility will be determined by the offense and whether it affects your ability to prove that you’re a member of “good moral character,” which is something all applicants for U.S. citizenship must prove.

Good moral character refers to conduct that meets the way a standard American would behave. Applicants must prove they’ve met that requirement for a period of time, which is three years if they’re married to a U.S. Citizen and five years for most other applicants. If you committed a misdemeanor during that statutory time period, you may need to restart the statutory period.

While the USCIS will focus on this statutory period, they will look at your entire history. You can present evidence to support the fact that you’ve been rehabilitated, including:

• A document that shows you’ve finished your sentence, such as probation records or receipts for paying your fines
• Letters from the community showing their support
• Proof that you’ve been steadily employed
• Mentoring people who have a similar past
• Paying overdue child support
• Tax payment records
• Evidence that you’ve been involved in the community
• Proof that you’ve received counseling

In 2024, New York welcomed 87,100 naturalized citizens. Just because you have a misdemeanor on your record doesn’t mean you should give up. An attorney who has experience in citizenship cases can explain your options to you and guide you through the next steps.

Crimes That Might Prevent Citizenship

Certain crimes can prevent an individual from obtaining U.S. citizenship. These crimes are categorized differently under immigration law than they are under state law, so it is essential to understand their differences. The crimes that can temporarily bar you from U.S. citizenship include:

• Operating a commercial vice enterprise, like selling pornography or working as a prostitute
• Participating in illegal vice operations, such as hiring a prostitute
• Being convicted of a crime of moral turpitude, such as fraud or larceny
• Spending over 180 days in jail, no matter the crime
• Committing a drug-related crime
• Being convicted of more than one crime
• Participating in illegal gambling

If you have committed any of the above crimes, you likely will have to wait the required time period mentioned above and provide proof of rehabilitation.

Crimes that permanently bar people from U.S. citizenship are:

• Murder
• Aggravated felony

Can a Criminal Record Be Expunged?

There are ways to have a criminal record cleared or expunged. The steps to do so depend on your particular circumstances and the state where the crime was committed, but in general, you would be required to petition the court with a request to have your crime expunged.

Sometimes, this is a straightforward process, but it can involve additional steps. A citizenship lawyer who understands these laws can help you determine if it is a good idea for your situation and help you navigate the legal system.

Hire a Citizenship Lawyer

In New York City, 7,800 people became naturalized U.S. citizens. Facing the complex immigration laws alone can feel daunting, but you don’t have to do it alone. A citizenship lawyer has the skills and experience necessary to provide you with personalized legal advice and guidance through the process toward U.S. citizenship.

FAQs

How Can You Get U.S. Citizenship With a Criminal Record?

Getting U.S. citizenship with a criminal record, particularly a misdemeanor, is possible, even though it can make the process more complicated. The focus will be on demonstrating that you possess good moral character or have been rehabilitated, which is a requirement for individuals seeking U.S. citizenship.

USCIS will look at your history and the circumstances surrounding the misdemeanor to determine your qualification. You must meet all other requirements, including passing the background check.

How Far Back Does a Background Check Go for Citizenship?

How far back a background check goes depends on the application. If there was a previous issue, then it’s a good idea to disclose it. USCIS utilizes the FBI’s National Crime Information Center to conduct background checks for criminal records, so being forthright from the beginning can significantly impact how your application is perceived. If you have questions about your past that could affect your citizenship, consult a citizenship attorney.

Which Crimes Make Someone Permanently Ineligible for U.S. Citizenship?

There are two major crimes that make someone permanently ineligible for U.S. citizenship. The first is murder, and the second is an aggravated felony. If you visit the USCIS office in New York City on the 10th floor of the Federal Building, and the officer finds one of these crimes in your past, they will have to deny your application.

The aggravated felony piece can be complicated, so it’s important to discuss your specific history with a knowledgeable citizenship attorney.

Which Crimes Temporarily Bar U.S. Citizenship?

Some crimes that temporarily bar U.S. citizenship are operating a vice enterprise, participating in a vice enterprise, committing a moral turpitude crime, spending 180 days or more in jail, committing drug-related crimes, engaging in illegal gambling, or being convicted of two or more crimes.

Usually, these require a waiting period between committing the crime and the necessary time to meet the permanent resident requirement. This waiting period can be between 3 and 5 years, after which you may qualify for U.S. Citizenship.

Contact PPID Today

With over 60 years of experience in immigration law, our law firm is dedicated to serving our clients with compassion, in-depth knowledge of the law, and fierce representation. If you are considering applying for U.S. citizenship despite a criminal background, we can address your concerns and guide you through the next steps. Contact our office today to schedule a consultation.

About The Author

Conrad E. Pollack

Conrad E. Pollack is the Managing Partner and Director of Immigration at Pollack, Pollack, Isaac & DeCicco, LLP. He graduated Magna Cum Laude from New York University and earned his J.D. from Brooklyn Law School. With over three decades of experience in immigration law, Conrad has helped countless clients achieve their American Dream. Under his leadership, PPID has expanded significantly, opening new offices in Peekskill and Brooklyn, NY. He is a member of the American Immigration Lawyers Association and has been recognized for his professional excellence with numerous awards and distinctions. Education: Magna Cum Laude graduate from New York University; J.D. from Brooklyn Law School. Awards: Recipient of numerous professional excellence awards. Memberships: Active member of the American Immigration Lawyers Association.

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