Applying for U.S. citizenship requires more than simply having a green card for the required number of years. An applicant must also demonstrate Good Moral Character (GMC). Generally, USCIS examines an applicant’s conduct during the five years immediately preceding the naturalization application, or three years for certain applicants applying based on marriage to a U.S. citizen.

However, certain conduct creates a permanent bar to establishing good moral character. This distinction is extremely important: while some problems may be limited to the applicable three- or five-year statutory period, a permanent bar generally cannot be cured simply by waiting additional years before applying for citizenship.

What Creates a Permanent Bar?

Under USCIS policy, the principal permanent bars to good moral character include:

1. Murder

A person convicted of murder at any time is permanently barred from establishing good moral character for naturalization. The passage of time does not eliminate this bar.

2. Aggravated Felony Convictions On or After November 29, 1990

An applicant convicted of an aggravated felony on or after November 29, 1990 is permanently barred from establishing good moral character.
The term “aggravated felony” has a special meaning under federal immigration law. A conviction does not have to be called an “aggravated felony” by the criminal court. In fact, whether a state considers an offense a misdemeanor or felony does not necessarily determine its classification under immigration law.
INA § 101(a)(43) contains numerous aggravated-felony categories, including certain offenses involving:

  • Murder, rape, or sexual abuse of a minor;
  • Drug trafficking;
  • Firearms or destructive devices;
  • Crimes of violence;
  • Theft;
  • Child pornography;
  • Fraud or deceit involving losses exceeding $10,000;
  • Money laundering involving more than $10,000;
  • Alien smuggling;
  • Passport or document fraud;
  • Obstruction of justice, perjury, or witness bribery; and
  • Attempts or conspiracies to commit certain aggravated felonies.

Importantly, not every conviction involving one of these subjects automatically constitutes an aggravated felony. The exact criminal statute, elements of the offense, sentence, amount of loss, date of conviction, and record of conviction may all matter.
For example, certain theft offenses and crimes of violence may constitute aggravated felonies when the court orders imprisonment of at least one year. Immigration law may count the sentence ordered by the judge even when the sentence was suspended.

What About Aggravated Felonies Before November 29, 1990?

An aggravated felony conviction before November 29, 1990 does not create the same permanent statutory bar to good moral character. Nevertheless, USCIS may still consider the seriousness of the offense and the applicant’s subsequent conduct when evaluating good moral character.
Therefore, an old conviction should never be assumed to be irrelevant simply because many years have passed.

Other Permanent Bars

USCIS also identifies permanent good-moral-character bars involving extraordinarily serious conduct, including:

  • Nazi persecution: Ordering, inciting, assisting, or otherwise participating in persecution associated with Nazi Germany or governments in territories occupied by or allied with Nazi Germany.
  • Genocide: Ordering, inciting, assisting, or otherwise participating in genocide.
  • Torture or extrajudicial killings: Committing, ordering, inciting, assisting, or otherwise participating in specified acts of torture or extrajudicial killing.
  • Particularly severe violations of religious freedom: Certain foreign government officials responsible for or directly carrying out particularly severe violations of religious freedom may also be unable to establish good moral character.

Not Every Criminal Conviction Is a Permanent Bar

This is perhaps the most important distinction for permanent residents with criminal histories:
Having a criminal record does not automatically mean that you are permanently barred from becoming a U.S. citizen.
Immigration law distinguishes between permanent bars to good moral character, statutory-period bars, discretionary GMC issues, crimes involving moral turpitude (CIMTs), controlled-substance offenses, aggravated felonies, and grounds of deportability or inadmissibility.
These concepts may overlap, but they are not the same.
For example, a conviction may affect good moral character without being an aggravated felony. A conviction may potentially make someone deportable without necessarily creating a permanent bar to naturalization. Conversely, an aggravated felony conviction on or after November 29, 1990 can permanently prevent the applicant from establishing GMC.
This is why simply looking at the name of the criminal offense is not enough.

Why You Should Review Your Criminal Record Before Filing an N-400

Applying for naturalization gives USCIS an opportunity to examine not only whether an applicant qualifies for citizenship, but also the applicant’s immigration and criminal history.
For someone with a criminal record, the question should therefore not simply be:
“Can I become a U.S. citizen?”
An equally important question is:
“Could applying for citizenship reveal an immigration problem that could place my green card at risk?”
Before filing an N-400, an attorney may need to examine the criminal complaint or information, exact statute and subsection of conviction, plea documents, judgment, sentence, and other portions of the record of conviction.
Applicants should not assume that a case is safe merely because:
“It was only a misdemeanor.”
“It happened 20 years ago.”
“I never went to jail.”
“The judge dismissed it later.”
“I have renewed my green card without a problem.”
None of these facts alone determines the immigration consequences of a conviction.

The Bottom Line

A permanent bar to good moral character is fundamentally different from a temporary good-moral-character problem. Waiting another five or ten years generally does not cure a permanent statutory bar.
At the same time, not every arrest or conviction creates a permanent bar to citizenship. Determining whether a conviction qualifies as an aggravated felony or otherwise affects naturalization requires careful analysis of the specific criminal and immigration records.
If you have ever been arrested, charged, convicted, placed on probation, entered a plea, or had a criminal case later dismissed, consider having your complete criminal and immigration history reviewed before filing Form N-400.

Law Office of Erika Rodriguez
Erika Rodriguez, Esq.
Immigration Attorney – San Diego, California
1450 Frazee Rd., Suite 303
San Diego, CA 92108
Telephone: 619-289-8090
Email: staff@ERLawSD.com
Website: erikarodriguezesq.com
Office Hours:
Monday–Thursday: 10:00 a.m.–7:00 p.m.
Friday: 10:00 a.m.–6:00 p.m.
Saturday–Sunday: Closed
Schedule a Consultation: Contact our office at 619-289-8090 if you have a criminal record and are considering applying for U.S. citizenship.

Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Immigration consequences of criminal convictions are highly fact-specific. Reading this article or contacting our office does not create an attorney-client relationship. An attorney-client relationship is created only after the Law Office of Erika Rodriguez accepts representation and a written representation agreement is executed.