Criminal Charges or Convictions on Your U.S. Citizenship Application

If you are hoping to apply for citizenship (naturalization) in the United States and you have a criminal record of any sort, do not even think of turning in your N-400 application without talking to an immigration attorney first. You not only risk being denied U.S. citizenship, but, if the crime is serious enough, of being placed into removal proceedings and possibly being stripped of your lawful permanent residence (green card) and deported to your home country.

We will briefly review the reasons for this, including the types of crimes taken most seriously in this article. Still, you should not attempt to analyze how your own crime fits into this analysis. The laws in this area are highly complex and partly depend on what state you live in or were convicted in. It would take whole books to explain the case laws, court precedents, and details that might apply in your particular situation.

Good Moral Character and U.S. Citizenship

In order to meet the basic requirements for naturalized U.S. citizenship, you must prove good moral character for at least the five years of permanent residence leading up to your citizenship application. (That is reduced to three years if you meet the qualifications to apply early based on marriage to and residence with a U.S. citizen.)

You don't have to be a saint, but you will need to show that you have been a responsible member of your community, family, and workplace. In fact, you will likely need to provide more evidence of these positive factors than your citizenship-seeking friends did in the past, since in late 2025, U.S. Citizenship and Immigration Services (USCIS) took steps to raise the GMC standard. The agency issued an August 2025 memo characterizing naturalization as "a significant legal transformation, an assimilation to a country that demands both allegiance and character"; in light of which is will expect applicants to show "sustained community involvement and contributions" to this country.

With a crime on record, however, proving this level of good moral character gets that much harder. Even if you have committed only a minor crime, USCIS could look at this and decide that, in combination with other aspects of your activities or lifestyle, you haven't shown the level of "allegiance and character" that it's looking for.

Also bear in mind that USCIS can look back farther than the five- or three-year period of required permanent residence. If if finds additional crimes then, or other behavior deemed socially unacceptable, it could use that as a basis upon which to deny citizenship.

Crimes That Temporarily Disqualify Someone for Naturalized U.S. Citizenship

Some crimes actually make a person temporarily ineligible for citizenship according to law, under the definition of "good moral character." (See §101(f) of the Immigration and Nationality Act or I.N.A.; 8 U.S.C. § 1101(f).) These include:

• receiving most of your income from illegal gambling, or having been convicted of two or more gambling crimes
• having spent 180 or more days in jail or prison for any crime
• operating a commercial prostitution or vice enterprise or participating in illegal prostitution or vice activities
• having committed any crime related to illegal drugs other than a single offense involving 30 grams or less of marijuana
• participated in alien smuggling
• having been convicted of two or more crimes, the combination of which got you a total prison sentence of at least five years
• having been convicted of, or admitted to, a crime involving moral turpitude, or
• are a practicing polygamist.

If any of the above descriptions matches you, you might not be barred from citizenship forever. But you will likely need to start over in counting up your five (or three) years of permanent residence (starting with the date of the crime) before applying for citizenship; and focusing on building a history of positive community contributions and responsible behavior during that time. But again, check with an attorney; we haven't listed every possible exception that might apply.

Also realize that, even after the three- or five-year "statutory period," USCIS can take the past crime into consideration when evaluating your moral character.

Crimes That Permanently Disqualify Someone for Naturalized U.S. Citizenship

Certain crimes make the perpetrator permanently ineligible for U.S. citizenship as a matter of law. These include:

• murder, and
• an aggravated felony if the person was convicted after November 29, 1990.

Waiting for some number of years between commission of a crime and submitting a Form N-400 will not help people who have one of these crimes on record. Deportation from the United States becomes highly likely, which could be initiated after the N-400 submission brings the issue to USCIS's attention.

Crimes and Removability From the United States

Certain types of crimes will not only prevent a person from qualifying for U.S. citizenship, but could result in the applicant being placed in removal proceedings and deported from the United States once USCIS realizes what's on their record.

As very brief examples, you can be removed for so-called aggravated felonies, as well as crimes involving moral turpitude, drugs, firearms, domestic violence, and more.

The important thing is to realize that there is no easy way to categorize a crime. For example, many people believe that if a crime is "just a misdemeanor," it won't affect the person's immigration status. But a crime that is called a misdemeanor in one state might be classified as a felony or even an aggravated felony under the federal immigration laws, or perhaps as a crime of moral turpitude.

Getting Legal Help With Your U.S. Citizenship Application

Before filing an application for naturalized citizenship, you'll want to seek assistance from an attorney who specializes in the overlap between immigration and criminal law. Do not rely solely on advice from your criminal attorney, who might not understand how crimes are interpreted under the federal immigration laws. You might need a team of two attorneys. The immigration attorney can also help you prepare the forms and paperwork, develop legal arguments, and accompany you to your naturalization interview at a USCIS office.