Can Your Criminal Record Put Your Naturalized Status At Risk

Becoming a naturalized citizen is an important milestone many immigrants in the United States work hard to achieve. It symbolizes a commitment to a new home and a fresh start. 

However, it’s important to understand that naturalized citizenship isn’t entirely free from legal risks. A criminal record, especially involving certain offenses, can jeopardize your naturalized status. In this blog, we’ll look at the circumstances under which a criminal record might threaten your citizenship.

Can Your Criminal Record Put Your Naturalized Status At Risk
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What Does It Mean to Be a Naturalized Citizen?

A naturalized citizen is someone who wasn’t born in the United States but has completed the process of becoming a U.S. citizen. This process involves meeting specific eligibility requirements, such as residency, good moral character, and passing a civics test. 

While naturalized citizens enjoy most of the same rights and responsibilities as citizens born in the U.S., their status can sometimes be challenged if it’s found that they violated immigration laws or committed certain offenses.

Criminal Offenses That Could Affect Your Naturalized Status

Not all criminal offenses have the same impact on your citizenship status. However, certain crimes are more likely to raise red flags with U.S. immigration authorities. These include:

1. Crimes of Moral Turpitude

Crimes of moral turpitude (CMTs) involve behavior that is considered contrary to community standards of justice, honesty, or morality. Examples include fraud, theft, and certain violent offenses. If you committed a CMT before becoming a citizen and failed to disclose it, this could lead to the revocation of your citizenship. Even post-naturalization, a conviction for a CMT can raise questions about your original eligibility.

2. Aggravated Felonies

Aggravated felonies include serious offenses such as drug trafficking, sexual abuse of a minor, and murder. A conviction for an aggravated felony before naturalization can disqualify you from citizenship. If discovered later, it may result in denaturalization proceedings.

3. Immigration Fraud

Providing false information during the naturalization process, such as lying about past criminal activities or your immigration history, can lead to citizenship revocation. Authorities take immigration fraud seriously, and even minor discrepancies can become grounds for legal action.

4. Domestic Violence and Abuse

Crimes involving domestic violence, stalking, or violating a protection order can also have severe consequences. These offenses may not only lead to criminal penalties but can also affect your immigration status, including citizenship.

How Denaturalization Works

Denaturalization is the legal process through which a naturalized citizen loses their citizenship. This process is initiated by the U.S. government when there is evidence that the individual obtained their citizenship through fraudulent means. It also happens if you fail to meet the requirements of naturalization. Here are the primary grounds for denaturalization:

  • Concealment of Material Facts or Willful Misrepresentation: Failing to disclose relevant criminal history during the naturalization process.
  • Membership in Prohibited Organizations: Being part of organizations involved in illegal activities or deemed a threat to national security.
  • Convictions for Certain Crimes: Committing crimes after naturalization that demonstrate a lack of good moral character, especially if these crimes occurred within five years of acquiring citizenship.
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The Role of Good Moral Character

Good moral character (GMC) is a cornerstone of the naturalization process. U.S. Citizenship and Immigration Services (USCIS) evaluates GMC based on your actions during the statutory period before applying for citizenship, typically the five years prior. However, post-naturalization behavior can also be scrutinized if it’s found to contradict the standards of GMC.

For example, repeated DUI convictions or failing to pay child support could be seen as evidence of poor moral character, potentially leading to legal consequences.

What Happens If You’re at Risk?

If the government suspects that your naturalized status should be revoked, they may begin an investigation. This process involves several steps:

  1. Notification: You will be informed of the allegations against you and allowed to respond.
  2. Court Proceedings: Denaturalization cases are handled in federal court. The government must prove its case by clear and convincing evidence.
  3. Outcome: If the court rules in favor of the government, you could lose your citizenship and possibly face deportation.

Steps to Protect Your Status

While the thought of losing your naturalized citizenship can be daunting, there are steps you can take to protect yourself:

  1. Disclose Your History Honestly: During the naturalization process, be transparent about your criminal record and any prior immigration issues. Lying or omitting information can have severe consequences.
  2. Comply with the Law: After becoming a citizen, adhere to local, state, and federal laws. Avoid behaviors that could raise questions about your moral character.
  3. Seek Legal Advice: If you have concerns about your past actions or current legal status, consult an experienced immigration attorney. They can help you understand your rights and responsibilities.

Final Thoughts

While naturalized citizenship provides security and opportunities, it is not immune to legal challenges. A criminal record, especially one involving crimes of moral turpitude, aggravated felonies, or fraud, can put your status at risk. 

By understanding the potential risks and maintaining good moral character, you can protect your rights as a naturalized citizen. If you have questions about your situation, talk to an expert attorney who can help secure your citizenship.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The content is intended to provide a general understanding of how criminal records may impact naturalized citizenship status in the United States. Immigration and citizenship laws are complex and subject to change. Individuals facing legal concerns or seeking guidance about their specific circumstances should consult a qualified immigration attorney for personalized advice and representation.