Is It Safe to Naturalize with a Criminal Record?
In a political landscape marked by immigration tensions due to the arrival of Donald Trump to the White House, millions of permanent residents face the key question: Is it safe to begin the naturalization process, especially if you have a criminal record? This concern, common among the immigrant community, finds an answer in a mix of law, adequate advice and informed action.
Why do many residents not apply for citizenship?
According to data from the Department of Homeland Security, there are more than 13 million legal permanent residents in the United States, but less than 9% begin the naturalization process each year. Among the most common reasons for not doing so, fear of a criminal record occupies a prominent place.
This fear is not unfounded. The Immigration and Nationality Act (INA) establishes that certain crimes, particularly those considered “crimes of moral turpitude” or serious crimes, could affect a resident’s immigration status. However, many are unaware that, with proper legal advice, these risks can be managed.
Misdemeanors: do they impact the naturalization process?
One of the biggest myths among permanent residents is that any criminal record, no matter how minor, represents an insurmountable obstacle to becoming a U.S. citizen. This is not always the case. Immigration law classifies certain misdemeanors as excusable in the naturalization process. Examples include:
- Minor infractions: such as neglecting to pay fines or traffic violations that do not involve fraud.
- Simple theft: when the amount stolen does not exceed $500 and there was no use of violence.
- Isolated convictions for possession of marijuana: if the amount does not exceed 30 grams and is not linked to trafficking or distribution.
These cases are usually less serious than many imagine and, in some scenarios, do not affect the naturalization process.
Serious crimes: which ones represent risks?
On the other hand, certain serious crimes or patterns of recidivism can have a significant impact on immigration status. These include:
- Crimes of moral turpitude: such as fraud, aggravated robbery, and perjury.
- Aggravated felonies: such as rape, drug or weapons trafficking, and violent crimes that result in serious harm.
- Human trafficking and money laundering: considered high-priority crimes for immigration authorities.
In these cases, legal advice is essential. Each situation is unique and there are often legal options that can mitigate the risks associated with serious crimes. The legal system offers resources such as cancellation of deportation or exonerations in justified cases, but these must be handled by immigration attorneys.
The looming threat of deportations under Trump
During his first term, Donald Trump strengthened deportation policies, prioritizing cases of immigrants with criminal records, regardless of the severity of the crime. His possible return to the presidency creates uncertainty among permanent residents who fear starting the citizenship process for fear of attracting negative attention.
However, it is important to clarify that immigration laws do not change by presidential decree. Although administrative priorities may vary, legal protections for permanent residents remain.
Benefits of naturalization
Becoming a U.S. citizen offers numerous benefits, beyond immigration stability:
- Right to vote: participate in political decisions that directly affect the immigrant community.
- Protection against deportation: citizens cannot be deported under any circumstances.
- Access to better opportunities: certain federal jobs and benefits are available only to citizens.
In addition, naturalization ensures that the applicant can bring close relatives to the United States through more agile and effective processes.
How to Prepare for the Process?
If you are a permanent resident and are considering starting your naturalization process, follow these recommendations to ensure a smooth transition:
- Consult with an immigration attorney: evaluate your criminal history with an expert. Many minor offenses don’t affect the process, but it’s crucial to determine the potential impact.
- Gather all necessary documentation: From your green card to tax records and criminal records, every document counts.
- Prepare a strategy in case of a criminal record: With proper advice, you can explore legal alternatives such as expungement or exoneration.
- Act now, not later: With possible changes in immigration priorities under a new administration, acting quickly can make a difference.
Contact us for legal assistance
At Quiroga Law Office, PLLC, we are ready to help you explore your options and protect your rights. Contact us today. Request a consultation by clicking here or call us at (509) 927-3840. We are here to defend your rights and help you build a more secure future.
If you want to know more about this topic, we invite you to watch the video in which immigration attorney Hector Quiroga explains more.
