What Disqualifies You from Becoming a U.S. Citizen?

What disqualifies you from becoming a U.S. citizen? Multiple factors can disqualify you from becoming a U.S. citizen, including a criminal record. To avoid being disqualified for U.S. citizenship, it’s important to know about the events that can impact your application and lead to deportation.

Handcuffed black and white photography. What Disqualifies You From Becoming a U.S. Citizen

Need assistance with a citizenship application or another immigration case in Chicago? Call 312-853-3088 to schedule a consultation with the immigration attorneys at Cho Immigration Law.

Are There Crimes That Automatically Disqualify Applicants?

While one recent year saw U.S. Citizenship and Immigration Services (USCIS) naturalize 818,500 citizens, there are circumstances that can keep individuals from successfully completing the naturalization process.

One of the main reasons people become disqualified is by committing serious crimes. Committing these crimes shows immigration officials that someone is not entering the country in good faith or with “good moral character.” Even if someone meets all other requirements for citizenship, it won’t matter if you commit crimes of moral turpitude.

Depending on the severity of your conviction and record, you could end up with anywhere from a temporary ban to a permanent ban from earning citizenship in the U.S. When applying for a visa with a criminal record, it’s in your best interest to know how these criminal charges and immigration processes affect one another.

Examples of Crimes of Moral Turpitude

Crimes of moral turpitude, or those that frequently disqualify you from becoming a citizen, include:

  • Murder
  • Kidnapping
  • Fraud
  • Drug-related crimes
  • Kidnapping
  • Sexual assault

In addition to a ban for committing these crimes, offenders could face incarceration, fines, license suspension, and damaged reputations.

Legal Options Available to Individuals With Criminal Histories

Whether you want help applying for U.S. residency with a DUI or to learn how to become a U.S. citizen with a criminal record of any kind, there are legal options available to you to help you overcome the challenges of having a criminal history.

These options include:

Expungement

In cases where individuals haven’t received a conviction for a crime, it may be possible to expunge these crimes from a person’s record. This process involves removing a person’s name from public records, but it won’t be applicable if you have a criminal history of convictions, particularly for crimes of moral turpitude as an adult. As USCIS is a federal agency, it would still be able to see expunged records for individuals.

Sealing

While sealing doesn’t destroy records like expungement, you may have the option of sealing your records. Doing so would restrict access to your records from the public. However, sealing won’t close your records off to certain entities and organizations, including employers and state or federal law enforcement agencies. This would mean that USCIS would have access to your records even when sealing them.

Petition for Clemency or a Pardon

You may petition for a pardon or clemency to a governor, but there is a limited number of pardons. Additionally, they’re hard to get and can take over a year before officials make a decision.

Other Factors That Can Disqualify Citizenship

In addition to being deemed a person of good moral character, you must meet other requirements to qualify for U.S. citizenship. These criteria include:

Lawful Permanent Resident (LPR) Status

You must gain LPR status before you can apply for naturalization. This status means that you possess a green card that makes you a resident of the U.S. in a designated state. Once you acquire this status, you must be an LPR for at least five years before becoming a citizen.

Age Limits

You must be at least 18 years old to apply for citizenship. However, you may already count as a citizen if you have either two green card-holding parents or one parent with U.S. citizenship.

State Residency

In addition to LPR status that makes you a resident of the U.S., you must be a resident of the state where you intend to apply for citizenship for at least three months. While you can temporarily leave the state for a short amount of time, extended periods out of state could negatively affect your application.

Continuous Physical Presence in the U.S.

Along with residing in your state for three consecutive months, you must remain physically present in the U.S. for five years before applying for citizenship. This period begins from the moment you officially obtain your green card.

During this time, you will not be able to go outside the U.S. for longer than half of your residency period, which translates to 912 days for those who need to remain in the country for five years. However, you can still take brief vacations or otherwise travel abroad for limited periods. You will only need to remain in the U.S. for three years before applying if you are in the country as part of a marital union or on a marriage-based green card.

The Benefits of Hiring a Citizenship Attorney in Chicago

Missteps before or during the naturalization process could wind up hurting your chances of becoming a U.S. citizen. To avoid these issues, it’s best to work with an experienced citizenship lawyer in Chicago to guide you through the process.

Here are some ways an immigration attorney can help you:

Meeting All Qualifying Criteria

An attorney can start by indicating all the requirements you must meet before applying for citizenship. He or she can also indicate whether you meet these criteria, from residency requirements to maintaining a standing as a person of “good moral character.”

Handling Paperwork

Citizenship and other immigration processes involve a lot of paperwork, as you’ll need to complete and submit immigration forms. Additionally, you must submit supporting documentation based on USCIS and other agency requirements.

Ultimately, this process alone can be daunting and challenging. The more paperwork you have to complete and provide, the more difficult it will be to maintain consistent, accurate, and complete information.

The list of supporting documentation is long, with items including:

  • Passport
  • Driver’s license and other identification
  • Marriage certificate
  • Military ID
  • Proof of medical disability
  • Proof of legal status

An attorney can handle all paperwork and help you prepare it before submitting it. He or she can also effectively organize all relevant supporting documents to further simplify the naturalization process.

Filing and Tracking Applications

Once you’ve completed and prepared the necessary paperwork before naturalization, your lawyer could submit your application. From there, he or she could update you on its status and work to expedite the process as much as possible.

Providing Advice and Representation for Other Immigration Matters

An attorney can help you with citizenship and other immigration needs. For example, you may need legal advice on how to obtain a green card or visa upon entering the U.S. You could also face removal or deportation, making a lawyer integral to avoiding these repercussions.

In other cases, you might need to learn how to sponsor others to become residents and citizens. A citizenship attorney can answer any questions you may have about the immigration or citizenship process. He or she may also be able to provide you with reliable representation in addition to legal advice and guidance.

Lawyers also personalize advice and representation to each client’s individual needs. This helps ensure you never get stuck with a cookie-cutter solution that might not work for you. Make sure your attorney advertises that he or she will work specifically for you based on your requirements. Your attorney should also be communicative and responsive, staying in touch with you as soon as you need to reach out with questions or concerns.

Protecting Your Rights

Immigrants often face discrimination and other rights violations that can not only hinder their applications for citizenship, but also impact their reputations and livelihood. The right lawyer will work as an advocate for you and your rights, giving you the protection you need from abuse or direct violations.

Get in Touch With a Chicago Citizenship Attorney Today

A lawyer could mean the difference between succeeding and disqualifying with your citizenship application. If you’re in need of representation you can trust, turn to the experienced and knowledgeable legal team here at Cho Immigration Law. We have helped immigrant and non-immigrant clients who need legal assistance for everything from obtaining citizenship to avoiding deportation and sponsoring family members.

To learn more about how to qualify for citizenship, contact us today, and we’ll connect you with one of our lawyers to discuss your needs. We aim to be your go-to legal resource for all immigration matters in Illinois.

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    Bonita B. Hwang Cho is the owner and a partner at Cho Immigration Law, based out of Chicago, Illinois. She focuses on family-based immigration, employment-based immigration, citizenship matters, asylum, and deportation defense, national interest waivers, and extraordinary ability visas. The law firm is woman and minority-owned.

    Years of Experience: More than 20 years
    Illinois Registration Status: Active

    Bar Admissions: Korean American Bar, Association Illinois State Bar Association

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