Can You Still Become a U.S. Citizen If You Have a Criminal Conviction? Often, the Answer Is More Complicated Than You Think

At Katsivalis & Anderson Immigration Law, we frequently speak with green card holders who have had some contact with the criminal legal system and are unsure whether they can—or should—apply for U.S. citizenship. Some people worry that a single mistake from years ago will disqualify them. Others fear that applying will trigger a review of their record and result in the loss of their green card altogether.

These are valid concerns. But they are also highly case-specific, and in many situations, the outcome is not as simple as a yes or no.

Naturalization With a Criminal Record Is Sometimes Possible

A criminal conviction does not always prevent someone from becoming a citizen. USCIS considers many factors, including the type of conviction, how long ago it occurred, the sentence imposed, whether restitution or probation was completed, and whether there have been any additional incidents. The good moral character requirement typically applies to the five years before applying (or three years, if applying based on marriage to a U.S. citizen). However, USCIS can and often does look beyond that period when making a decision.

In cases where the conviction falls outside the statutory period, and the applicant can show a long history of rehabilitation, stable residence, and compliance with all other requirements, USCIS may still approve the application. This includes certain drug offenses, theft-related offenses, and other convictions that are not automatically disqualifying. The presence of a conviction is not the end of the road; the context and surrounding evidence often matter just as much.

When a Criminal Record May Raise Serious Risks

There are also cases where applying for citizenship may carry real danger. Some convictions, particularly those involving violence, firearms, fraud, or multiple offenses, can trigger USCIS to place the applicant in removal proceedings. Even if a person has held a green card for many years without issue, the naturalization process reopens their immigration history for review. If USCIS determines that the person was never eligible for lawful permanent residence to begin with, or that they are now removable based on criminal grounds, they may refer the case to ICE.

That does not mean these individuals should never seek help. It simply means that the risk must be thoroughly evaluated before making a decision.

The Bottom Line: Get Individualized Legal Advice

We understand that no two cases are alike. Some clients with convictions are excellent candidates for citizenship, while others may need to wait or explore legal remedies before applying. What matters most is that you receive honest, informed guidance based on the law and your specific situation—not guesswork or fear.

Our job is to give you that clarity. We will review your criminal record, evaluate whether it affects your immigration status, and talk through the risks and opportunities with you. Whether we advise you to apply now, wait, or pursue post-conviction relief, you will walk away with a plan tailored to your circumstances.

📞 Call us at 773-657-3633📧 Email us at info@kaimmigrationlaw.com