We serve immigration clients nationwide. Contact Us to schedule a consultation with one of our lawyers today.
Applying for U.S. citizenship is an exciting and life-changing step, but if you have a criminal record, the process may feel uncertain and overwhelming. Many immigrants wonder: “Does my past prevent me from becoming a U.S. citizen?” The answer is not always simple. Having a criminal history does not automatically disqualify you from applying, but it can create serious challenges that must be addressed carefully with the help of an experienced immigration attorney.
The answer is not always simple. Having a criminal history does not automatically disqualify you from applying—but it can create serious challenges that must be addressed carefully with the help of an experienced immigration attorney.
When you apply for naturalization (Form N-400), U.S. Citizenship and Immigration Services (USCIS) will conduct a thorough background check. This includes reviewing your entire criminal history—both inside and outside the United States.
📊 Facts to know:
USCIS places strong emphasis on your “good moral character,” which generally covers the five years before you apply (or three years if you are applying through marriage to a U.S. citizen). However, in some cases, USCIS can look further back if they believe your past conduct reflects your character.
Certain crimes can make you permanently ineligible for citizenship, while others may only cause delays or require additional documentation. Talking to an experienced immigration attorney can help identify if you have a criminal history and how that could affect your citizenship.
Some crimes are considered so serious under immigration law that they result in a permanent bar to naturalization. These include:
⚠️ If you have been convicted of one of these offenses, you are not eligible for citizenship.
Not all offenses lead to a permanent ban, but they can make it harder to prove good moral character. These include:
📊 Stat insight: In 2022, nearly 7% of naturalization denials were based on failure to demonstrate good moral character—often tied to criminal records.
If these offenses occurred recently, USCIS may deny your application. However, with time and proof of rehabilitation, approval is possible.
Naturalization is not just about the N-400 form—it’s about your entire immigration history. If you made mistakes when applying for your Green Card, those issues can be re-examined during your citizenship process. A misstep in your past can raise red flags now.
An immigration lawyer can:
👉 Without legal guidance, applying for citizenship with a record could put your residency at risk. Call us today at 630-345-4164 to schedule a confidential consultation and take the first step toward becoming a U.S. citizen.
Having a criminal record does not always mean the end of your path to U.S. citizenship. But it does mean you need to be cautious, strategic, and proactive. Every case is unique, and outcomes depend on the type of crime, when it happened, and what steps you’ve taken since.
💡 At Godoy Law Office Immigration Lawyers, we’ve helped many immigrants with criminal records successfully navigate the citizenship process. Let us guide you through the complexities and fight for your future.
📞 Call us today at 630-345-4164 to schedule a confidential immigration review and take the first step toward becoming a U.S. citizen.
Q1: Can I apply for citizenship if I had only a misdemeanor?
Yes, but it depends on the nature of the misdemeanor and when it occurred. Some misdemeanors affect good moral character, especially if they are recent or repeated.
Q2: Will USCIS automatically deny my application if I was arrested but not convicted?
Not necessarily. You must disclose arrests, but if charges were dropped or you were found not guilty, it may not prevent approval.
Q3: Can applying for citizenship put me at risk of deportation if I have a criminal record?
Yes. In some cases, applying may trigger removal proceedings if USCIS believes your criminal history makes you deportable. That’s why legal advice is critical before you file.
✨ U.S. citizenship is possible—even with a criminal record—but the stakes are too high to take chances. With the right preparation and legal support, your past doesn’t have to define your future.
Oak Brook • Waukegan • Elgin • Orland Park • Berwyn • Aurora • Joliet
Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.
