I have a green card and want to become a U.S. Citizen, but I was arrested in the past. Should I apply for U.S. Citizenship?
Generally, once you have been a permanent resident (or had a “green card”) for 5 years, you are allowed to apply for U.S. Citizenship (Form N-400). Like all things related to immigration law, there are lots of exceptions to that. For example, if you’ve lived in another country during the 5 year period, or you have taken a lot of international trips over the last 5 years, you might not be eligible for citizenship. Conversely, you can apply for U.S. Citizenship after only 3 years, instead of 5, if you’ve been married to a U.S. Citizen that whole time.
In order to become a U.S. Citizen, you are required to show that you’ve been a person of “good moral character” for at least the last 5 years. Good moral character is a somewhat fluid concept, but any criminal arrests during that 5 years period can be problematic, especially if they resulted in a situation in which you admitted guilt or were found guilty. It may make sense to wait at least 5 years from your last criminal case before you apply for citizenship.
But beyond the “good moral character” requirement, criminal history can result in the loss of your permanent residence, immigration detention, and deportation! For this reason, prior to applying for citizenship, it is very important to analyze whether your criminal history could actually make you deportable. Applications for U.S. Citizenship are an opportunity for U.S. Citizenship & Immigration Services (USCIS) to take one last look at your immigration file and make sure that you should still be allowed to be in the U.S. Not all criminal history has this impact, but many criminal offenses do, and it can happen even if the arrest happened a long time ago, and even if you feel that you were wrongly convicted, and in some cases, even if you were told that the case was “dismissed.”
If you have ever been arrested or required to appear in criminal court as a defendant, you should consult with an experienced immigration attorney before filing any paperwork with USCIS. At that appointment, you should provide the attorney with paperwork from the court that discusses the charges you faced, the outcome and sentence. In Massachusetts, we ask to see the criminal complaint and the court docket sheet for each incident. It’s also a good idea to get a copy of police reports from these incidents. In some circumstances, USCIS will ask to see police reports, in addition to court documents.
If you may have been arrested in the past but can’t remember the details, you can request your records from law enforcement databases. In Massachusetts, you can request a “CORI,” which is a printout of any time you were arrested in Massachusetts. Other states have similar reports. You can also request a report from the Federal Bureau of Investigation (FBI). For the FBI report, you have to provide fingerprints; this can be done digitally by using a service.
We at Kain Immigration help immigrants apply for citizenship, including those who have a criminal history. Please contact us for a consultation.
The above is not legal advice and should not be acted upon as such. USCIS matters are complicated and carry serious consequences. We recommend consultation with counsel prior to proceeding.