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Do You Think a Minor Conviction May Affect My U.S. Citizenship Application?

Hi William:

After almost 5 years with Green Card, I plan to apply for U.S. citizenship. one concern is the requirement of "good moral character." I have a minor conviction (not felony) about 2 years ago. Do you think it may affect my U.S. citizenship application?

Answer:

U.S. immigration law requires that an applicant for naturalization be a person of "good moral character." The period reviewed for most applicants is the five years prior to filing the N-400. It is important to remember that, in addition to the five year period prior to filing for naturalization, the requirement to maintain good moral character continues until the oath of citizenship is completed and one actually becomes a U.S. citizen. 

Therefore, acts that occur after filing the naturalization application and prior to the oath ceremony can affect eligibility and must be disclosed. There are also some acts occurring prior to the five-year period that are serious enough to prevent naturalization. This is just one of the nuances that needs to be considered when filing for U.S. citizenship. Some acts are considered so serious that they simply prevent a finding of good moral character as required for naturalization. Persons who have been convicted of murder at any time (even before the five-year period) cannot establish that they have good moral character. The same is true of individuals who have been convicted of crimes classified in immigration laws as aggravated felonies.









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