Can You Naturalize With a Prior Conviction?
Can a green card holder with a prior conviction still apply for naturalization?
It depends on the nature of the offense, when it occurred, and whether it falls into a category that triggers a permanent bar, such as an aggravated felony, versus one that only affects the good moral character period USCIS reviews, which is typically the five years before filing, or three years if applying through a spouse.
​
What is the difference between a naturalization bar and a risk of removal?
A naturalization bar only affects eligibility to become a citizen. The applicant can remain a lawful permanent resident. A removability issue is more serious: certain convictions can place a green card holder at risk of being placed in removal proceedings regardless of whether they ever apply for citizenship, which is why this analysis has to be done carefully before filing anything.
​
Does an old conviction stay relevant forever?
For most offenses, USCIS focuses on the statutory good moral character period, but certain convictions, particularly aggravated felonies as defined under immigration law, can permanently bar naturalization and create removal risk no matter how much time has passed.
​
Should someone with any criminal history talk to an immigration attorney before filing Form N-400?
Yes. Filing a naturalization application puts a person's entire immigration history in front of USCIS, including criminal history, and an avoidable mistake can trigger removal proceedings for someone who would have otherwise been safe to simply keep their green card and not apply.