1. What is the difference between a criminal bar and a citizenship bar to naturalization?

A criminal bar to naturalization refers to a restriction on an individual’s ability to file an application for U.S. citizenship due to a specific criminal history. This bar typically results in individuals who have been convicted of certain crimes being unable to apply for citizenship or having their applications denied.

A citizenship bar to naturalization refers to a restriction on an individual’s ability to be granted U.S. citizenship due to certain circumstances that may prevent them from meeting the requirements for naturalization, such as not meeting the residence requirements or being unable to demonstrate good moral character.

2. Are criminal bars to naturalization permanent?

No, criminal bars to naturalization are not permanent. Depending on the severity of the crime an individual may still be able to apply for naturalization after a period of time has passed following the completion of their sentence for their crime.

3. What types of criminal convictions can bar someone from obtaining U.S. citizenship?

Generally, any criminal conviction can bar someone from obtaining U.S. citizenship. Specifically, people who have been convicted of certain aggravated felonies, firearms offenses, and crimes involving moral turpitude may be barred from becoming U.S. citizens. Additional crimes such as espionage, treason, or certain violations of international law may also prevent someone from obtaining U.S. citizenship.

4. How does an applicant know if they are subject to a criminal bar to naturalization?

An applicant can know if they are subject to a criminal bar to naturalization by consulting the Immigration and Nationality Act (INA). The INA outlines the crimes and offenses that can render someone inadmissible for naturalization. The applicant should discuss any criminal activity with an immigration attorney who can provide guidance on whether the criminal activity affects their eligibility for naturalization.

5. Is being charged with a crime the same as being convicted of a crime for the purpose of U.S. citizenship?

No, being charged with a crime is not the same as being convicted of a crime for the purpose of U.S. citizenship. Being charged with a crime means that an individual has been accused of committing a crime, but they are still considered to be innocent until proven guilty. Being convicted of a crime, on the other hand, means that a court of law has found an individual to be guilty of committing a crime. This can have serious implications for an individual’s citizenship status in the United States.

6. How does an applicant challenge a criminal bar to naturalization?

An applicant may challenge a criminal bar to naturalization by presenting proof that their criminal history does not meet the statutory requirements to bar them from naturalization. They may provide evidence such as court documents or letters from law enforcement that demonstrate they have been rehabilitated or have served their sentence. An applicant may also challenge the criminal bar by arguing that the conviction should not count as an aggravated felony (if one is the basis of a denial), as it is not defined as such in the Immigration and Nationality Act. Finally, an applicant may argue that their criminal history should not count as a bar to naturalization due to their compliance with a deferred prosecution agreement or pretrial diversion program.

7. How does the court determine whether an applicant is subject to a criminal bar to naturalization?

The court must consider the totality of the circumstances when determining whether an applicant is subject to a criminal bar to naturalization. It will look at the type and seriousness of the offense, any extenuating circumstances, the length of time since the offense was committed, and any rehabilitative measures that have been taken. The court may also consider factors such as the applicant’s moral character, immigration history, and overall fitness for citizenship.

8. Are there any exceptions to criminal bars to naturalization?

Yes. There are exceptions to the criminal bars to naturalization. Depending on the type of crime committed, it may not be an absolute bar to naturalization. Individuals may be able to still apply for naturalization depending on the severity of the crime and how long it has been since it was committed. Exceptions can include:

-Waivers: Waiver of Inadmissibility provisions provide an exception for those who have committed certain qualifying crimes or violations of immigration law, such as a past conviction of a crime involving moral turpitude, if the person can demonstrate that their admission into the US would not be contrary to the national welfare, safety, or security of the US.

-Good Moral Character: The USCIS considers factors such as income taxes, payment of debts, respect for law and order, and other factors when evaluating a person’s moral character for naturalization eligibility.

-Time: If a certain period of time has passed since the person was convicted, it can be seen as evidence that they have improved their behavior and they may become eligible for naturalization. Generally speaking, anyone convicted of a crime involving moral turpitude must wait at least five years after release from confinement before they can apply for naturalization.

9. Does the length of time since a conviction impact whether the applicant is subject to a criminal bar to naturalization?

Yes, the length of time since a conviction can impact whether the applicant is subject to a criminal bar to naturalization. Depending on the type of crime committed and the extent of the sentence, a conviction may disqualify an individual from naturalization for up to five years after completion of the sentence.

10. Does the severity of the crime impact whether the applicant is subject to a criminal bar to naturalization?

Yes, the severity of the crime can impact whether an applicant is subject to a criminal bar to naturalization. Certain crimes, such as aggravated felonies, may result in permanent inadmissibility. Other more minor offenses may not be a bar to naturalization, depending on the circumstances.

11. What other factors can impact whether an applicant is subject to a criminal bar to naturalization?

Other factors that can impact whether an applicant is subject to a criminal bar to naturalization include:
– General criminal history
– Drug-related convictions
– Aggravated felonies
– Membership in certain organizations
– Violations of immigration law or regulations
– Conviction for a crime involving moral turpitude
– Unlawful voting or perjury in an immigration proceeding
– Failure to pay child support or filing false tax returns
– Any other criminal offense that is not minor

12. What is the process for appealing a denial of U.S. citizenship due to a criminal bar?

The process for appealing a denial of U.S. citizenship due to a criminal bar is to file Form N-336, Request for Hearing on a Decision in Naturalization Proceedings. This form is available on the USCIS website at USCIS.gov. Once the form is completed and submitted, a hearing scheduled where the applicant can present evidence and arguments to support their case for naturalization. Depending on the outcome, the applicant may need to file additional paperwork to appeal the decision further.

13. Can an expungement of a conviction remove a criminal bar to naturalization?

No. An expungement of a conviction cannot remove a criminal bar to naturalization. However, depending on the circumstances, there may be other ways to overcome the criminal bar to naturalization.

14. Does pleading guilty or no contest have the same effect for purposes of U.S. citizenship as being convicted of a crime?

No, pleading guilty or no contest does not have the same effect for purposes of U.S. citizenship as being convicted of a crime. A guilty or no contest plea can lead to a conviction, but it is not the same as actually being convicted. A conviction requires a finding of guilt by a court or jury, while pleading guilty or no contest is an admission of guilt without a formal trial.

15. Can an applicant still become a U.S. citizen if they have been convicted of certain crimes?

Yes, it is possible for someone to become a U.S. citizen even if they have been convicted of certain crimes. However, the conviction and the nature of the crime will determine if the applicant is eligible for naturalization and ultimately granted citizenship. In some cases, a waiver may be available to allow an applicant to apply for and obtain United States citizenship despite criminal activity in their past.

16. Is it possible for an applicant’s conviction to be waived or removed from their record for purposes of U.S. citizenship?

Yes, in certain circumstances, an applicant’s conviction may be waived or removed from their record for purposes of U.S. citizenship. This is referred to as an expungement or pardon, and it is only available in certain cases. For more information and to see if you qualify, contact the immigration office in your area.

17. Can an applicant become a U.S. citizen if they have been deported or removed from the U.S.?

No, an applicant who has been deported or removed from the United States may not become a U.S. citizen. Generally, applicants who have been removed are barred from returning to the U.S. for a certain period of time, depending on the circumstances of their removal.

18. Are there forms that need to be completed in order to apply for U.S. citizenship even if an applicant is subject to a criminal bar?

Yes, there are forms that need to be completed in order to apply for U.S. citizenship even if an applicant is subject to a criminal bar. An applicant may need to submit Form N-400, Application for Naturalization, and any other supporting documents and evidence required by U.S. Citizenship and Immigration Services (USCIS).

19. Are there any special considerations that should be taken into account when applying for U.S. citizenship with pending charges or convictions on one’s record?

Yes, there are special considerations that should be taken into account when applying for U.S. citizenship with pending charges or convictions on one’s record. U.S. Citizenship and Immigration Services (USCIS) will closely review someone’s criminal record when considering them for citizenship, and may even deny the application. Depending on the nature of the offense, it is possible that a person with a criminal record may still be eligible for citizenship, but they must disclose all pending charges and convictions during the application process. It is important to note that some crimes may make someone permanently ineligible for U.S. citizenship, so it is important to speak with an immigration attorney before applying.

20. Can an attorney help ensure that an applicant’s application for U.S. citizenship is successful, even if they are subject to criminal bars or have pending charges on their record?

No. An attorney can provide advice and resources to an applicant during the process of applying for U.S. citizenship, but cannot ensure that the application will be successful. The decision to grant or deny U.S. citizenship ultimately lies with the United States Citizenship and Immigration Services (USCIS). It is important to note that certain criminal bars or pending charges may disqualify an applicant from obtaining citizenship.