Citizenship with a Criminal Record · Richmond, VA · All 50 States

Citizenship with a criminal record is usually still possible

You've been a resident for more than five years, and you know you qualify to apply for citizenship. But an old arrest or a dismissed charge has kept your application in a drawer, and nobody has given you a straight answer about citizenship with a criminal record.

Most people who come to us with that worry can still become citizens, and the few who should wait or not file are far better off knowing. The N-400 puts your entire record in front of an officer, so applying for citizenship with a criminal record starts with a hard look at that record. If you want the bigger picture first, read about how we handle citizenship cases.

How USCIS looks at your record

USCIS asks whether you have shown what the law calls good moral character during the five years before you apply, or three if you are married to a U.S. citizen. Most records fall into one of three groups, and our guide to filing for citizenship with a criminal record walks through each in more detail.

Permanent bars

Murder and anything immigration law classifies as an "aggravated felony" close the door permanently. That term is broader than it sounds and can include some state misdemeanors with a sentence of a year or more. Have a lawyer read the conviction before you do anything else.

Offenses inside the window

Crimes involving what the law calls moral turpitude, most drug offenses, and any jail sentence of 180 days or more count against you only if they happened inside the period USCIS is reviewing. If the offense is recent, waiting until it falls outside the window can turn a likely denial into an approval, and we can tell you the exact date.

Judgment calls

A single old DUI, a dismissed charge, or a string of traffic cases comes down to the details: when it happened, how many there were, what the sentence was, and what you have done since. Our article on how USCIS weighs a DUI covers the most common one.

Why filing without a review is the real risk

When you file the N-400, you are asking USCIS to examine your whole file. If a conviction in that file makes you deportable, applying can start removal proceedings instead of ending your worries. That is the risk of filing for citizenship with a criminal record nobody has reviewed, and the interview is the worst place to find out.

You also have to disclose every arrest and charge, including ones that were dismissed, sealed, or expunged, with the certified court record showing how each one ended. An expungement helps in state court, but immigration law still counts the conviction, and leaving an arrest off the form is usually worse than the arrest itself. Our article on losing citizenship after naturalization explains why.

How we handle your case

We start by pulling the court records for every arrest and charge, even old or dismissed ones, and reading them against the law. Then we tell you plainly: file now, wait until a date, or do not file. If filing is the right call, we prepare your N-400 with the documents that match your record and a written explanation where one helps. We get you ready for the interview.

If your question is about timing rather than your record, our page on going from green card to citizenship covers when you can file.

Clients nationwide, roots in Richmond

Green card holders in all 50 states come to us for help getting citizenship, even if they have a criminal record. The rules on good moral character are federal, so your record is judged the same way at every USCIS office. Your interview happens at the one nearest you, and you do not have to be in Virginia to work with us.

Our office is in Richmond, Virginia, and we are glad to meet in person if you are local. Wherever you are, start with our free eligibility check or schedule a consultation.