Applying for U.S. citizenship is a major milestone — but if you have a criminal record, the process becomes more complicated. Many immigrants wonder: Can I still become a citizen if I’ve been arrested or convicted in the past?
The answer is: it depends. Some offenses can block your path entirely, while others may not disqualify you — especially if enough time has passed or you’ve demonstrated rehabilitation.
This guide will help you understand how criminal history affects a naturalization application in 2025, and what steps to take before applying.
1. Citizenship Eligibility Overview
To apply for U.S. citizenship through naturalization, you must generally:
- Be at least 18 years old
- Have a green card (lawful permanent resident status) for 3 or 5 years
- Show continuous residence and physical presence in the U.S.
- Pass English and civics tests
- Demonstrate good moral character (GMC)
Your criminal history is reviewed as part of the GMC requirement.
2. Crimes That Automatically Disqualify You (Permanent Bars)
Certain crimes permanently bar someone from obtaining U.S. citizenship:
- Aggravated felonies (even if committed long ago), including:
- Murder
- Rape or sexual abuse of a minor
- Drug trafficking
- Firearms trafficking
- Certain violent crimes or theft with 1+ year sentence
If you’ve been convicted of one of these, you are permanently barred from naturalizing — even if you’ve served your sentence or lived legally for years.
3. Crimes That Temporarily Bar You (Conditional Bars)
Other crimes may temporarily prevent naturalization due to the “good moral character” rule. These include:
- DUI or DWI
- Domestic violence
- Drug possession (even marijuana in some states)
- Theft or shoplifting
- Fraud or tax evasion
In most cases, these bars apply for 5 years (or 3 years for applicants under the 3-year rule through marriage).
You may still apply later if you:
- Have not committed new offenses
- Can show rehabilitation, steady employment, and community involvement
4. What About Arrests Without Conviction?
USCIS still considers arrests, even if charges were dropped or dismissed. You must:
- Disclose all arrests, citations, and charges on your Form N-400
- Provide certified court dispositions
A single dismissed case may not affect your application. However, multiple arrests or patterns of conduct can still raise red flags.
5. What to Include with Your Application
If you have a criminal history, include:
- A detailed written explanation (letter of remorse and rehabilitation)
- Certified court records and final dispositions
- Evidence of good character: community service, employment, taxes paid, education, letters of support
Be transparent. Lying or omitting details can lead to denial — or even deportation.
6. Should You Apply with a Record?
Only apply if:
- You’re certain your record does not include a permanent bar
- You’ve waited the full statutory period (3 or 5 years) after a conditional bar
- You’ve collected and reviewed your court records
Consulting with an immigration attorney is strongly recommended. A lawyer can:
- Analyze whether your offense disqualifies you
- Help you time your application strategically
- Represent you in case of complications
7. Can USCIS Deny Citizenship and Deport You?
Yes. In rare cases, applying for citizenship can trigger deportation if:
- You lied on your green card application
- Your criminal record includes deportable offenses
- You committed fraud or misrepresented facts
That’s why legal review is crucial if your case has any complications.
Having a criminal record doesn’t always block you from becoming a U.S. citizen — but it does require caution, transparency, and in many cases, legal help.
Before applying, collect your records, understand the laws, and consider speaking with an experienced immigration attorney to minimize risk and give your application the strongest chance of success.
