Criminal bars to citizenship

Certain criminal bars to citizenship can make you ineligible for naturalization, either permanently or temporarily, depending on the offense and the type of conviction.

Why can U.S. citizenship be denied? Because of serious crimes or moral failings, immigration fraud, false statements, or failing legal duties such as taxes or child support. Below you’ll see how permanent and temporary bars work and what options you have if you already received a denial.

The most common reasons include:

• Murder or participation in homicide.
• Aggravated felony (e.g., rape, sexual abuse of a minor, trafficking in drugs or firearms, or fraud with loss over $10,000).
• Sex trafficking or exploitation.
• Crimes of extreme violence or conspiracy to commit them.
• Prostitution or pimping.
• Illegal gambling or habitual drunkenness (if it shows lack of good moral character).
• Failure to pay child support.
• Minor drug offenses.

Even a misdemeanor can affect citizenship if it shows dishonesty or disregard for the law.

USCIS evaluates every application under the good moral character requirement, guided by the USCIS Policy Manual Vol. 12 Part F Ch. 5 and 8 CFR § 316.10.

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In this article you’ll learn how to strengthen your case and avoid common mistakes. For all requirements, see “How to become a U.S. citizen.”

USCIS guidance on criminal bars to citizenship

USCIS groups the impediments into two main categories:

• Permanent bars, which permanently exclude the applicant; and
• Conditional bars, which prevent applying for a certain period.

Offense / conduct	Type of bar	Quick note
Murder	Permanent	Permanently prevents naturalization for lack of good moral character.
Aggravated felony (rape, sexual abuse of a minor, drug or firearms trafficking, fraud over $10,000)	Permanent	Blocks naturalization for life, even after serving the sentence.
Sex trafficking or exploitation	Permanent (if an aggravated felony)	Generally shows a complete lack of good moral character.
Serious crimes of violence (sentence of 1 year or more)	Permanent	Often triggers deportability and closes most immigration relief.
Prostitution or pimping	Temporary	Denies during the statutory period; you may reapply after rehabilitation.
Illegal gambling or habitual drunkenness	Temporary	May evidence lack of moral character if it’s repeated conduct.
Drug offenses (except a single possession ≤ 30g of marijuana)	Temporary	Outside the exception, it bars you while moral character is evaluated.
False testimony under oath (to obtain an immigration benefit)	Temporary	Must be oral and under oath; directly affects eligibility.
False statements not under oath (outside a formal proceeding)	Temporary (case-by-case)	Not “under oath,” but can still hurt if it shows dishonesty or fraud.
Active probation / parole / suspended sentence	Temporary (while it lasts)	You cannot naturalize until all supervision or sentencing is complete.
DUI (single or multiple)	Temporary (pattern-dependent)	One case can delay; multiple or with aggravators may lead to denial for misconduct.

Permanent bars

• Murder.
• Aggravated felony (conviction on or after November 29, 1990). Includes:
  • Rape in California.
  • Sexual abuse of a minor.
  • Drug or firearms trafficking.
  • Fraud or deceit with losses over $10,000.
• Sex trafficking or exploitation when it qualifies as an aggravated felony or shows a complete lack of good moral character.
• Serious crimes of violence with a sentence of one year or more (often aggravated felonies).

Temporary bars

• Prostitution or pimping.
• Illegal gambling or habitual drunkenness.
• Controlled substance violations (except one-time simple possession of ≤ 30g of marijuana).
• Willful and repeated failure to pay child support.
• False testimony under oath to obtain an immigration benefit (oral and under oath).
• Active probation, parole, or a suspended sentence during the statutory period.

What permanent bars mean in practice

Having a record in this category doesn’t just block naturalization; it can also impact other immigration matters.

In practice, a permanent bar means the applicant:

• Cannot establish good moral character before USCIS, even after many years or rehabilitation.
• Could lose permanent residence if the offense is an aggravated felony and the government initiates removal.
• Cannot adjust status or seek benefits such as residence, naturalization, or parole.
• Will face limits on petitioning relatives, a privilege reserved to citizens.

Even so, there are exceptional situations (pre-1990 convictions, victims of violence or trafficking) where an attorney can explore humanitarian relief.

Before accepting criminal charges, it’s essential to coordinate criminal and immigration defense. The right strategy can avoid having an offense classified as an aggravated felony.

Practical example: aggravated felony and immigration consequences

A lawful permanent resident convicted of fraud with losses over $10,000 faces an aggravated felony (INA § 101(a)(43)(M)).

Even after serving the sentence, USCIS will deem the person permanently ineligible for citizenship.

Typical effects:

• Removal proceedings even for permanent residents.
• No access to cancellation of removal or most relief.
• Only exceptional defenses (post-conviction relief, CAT).
• Need for tight criminal-immigration coordination to negotiate non-aggravated charges.

Bottom line: a misdemeanor can delay citizenship, but an aggravated felony closes almost every door. Getting legal counsel from the outset is key to protecting residency.

Conditional bars and lesser offenses

Not all criminal bars to citizenship lead to a lifetime exclusion.

Some only block the process for a period. USCIS calls them conditional bars and reviews good moral character during the last five years (or three if applying based on marriage).

Offenses that create conditional bars

Under 8 CFR § 316.10(b)(2), these behaviors can temporarily prevent naturalization:

• Prostitution or pimping.
• Illegal gambling or habitual alcohol abuse.
• Failure to pay court-ordered child support.
• Drug offenses in Los Angeles (except one-time simple possession of 30g or less of marijuana).
• Being on probation or parole during the process.

While any of these situations is ongoing, the application will be denied. After completing the sentence or showing rehabilitation, you may reapply and prove good conduct.

During that time, maintain steady employment, avoid new violations, and gather proof of positive conduct. If you need to continue other processes, you may do so through consular processing.

DUIs and misdemeanors: impact on citizenship

USCIS evaluates whether a misdemeanor or a DUI affects good moral character during the last five years (or three, if applying based on marriage).

• A single DUI with no aggravators typically does not automatically disqualify you, but it can delay approval.
• Two or more DUIs or a pattern of violations can be considered “unlawful acts” or habitual bad conduct, causing temporary ineligibility.
• Aggravating factors (injuries, minors in the car, high BAC) worsen the impact.
• Lying or hiding a record can lead to denial or even removal.

If you have a record, consult our immigration and DUI attorneys to decide whether to wait, document rehabilitation, or reapply later.

Offenses committed outside the U.S. and probation

With minor offenses, citizenship is generally on hold while probation lasts; after completing it and showing good conduct, the obstacle can be removed.

Offenses committed abroad

When there’s an international record, authorities review:

• Nature of the offense (if it was political or due to persecution, it may be justified).
• Foreign law (some countries penalize acts that are not crimes in the U.S.).
• Context of the proceedings (abuse of power or lack of due process).

Common, violent, or drug-related crimes abroad can create temporary or permanent bars, depending on severity.

Useful documentation:

• Certified, translated court judgments.
• Evidence of rehabilitation.
• Statements or documents that explain the context.

If you were unjustly accused, an attorney can present evidence of persecution or judicial error. Immigration lawyers specializing in deportation are key to preventing the record from harming your naturalization.

Probation or parole and citizenship

Being on probation or parole during the review period prevents USCIS from approving the application.

8 CFR § 316.10(c)(1) states that no one under a criminal sentence or supervision can be naturalized.

What to do if this is your situation:

• Wait until the sentence or all supervision is complete.
• Gather proof of rehabilitation and positive conduct.
• Maintain a clean record during the waiting period.

A misdemeanor can affect citizenship while you’re on probation, but time and good conduct can fix it.

Good moral character and how to prove it

Good moral character is essential for citizenship. Even if there are no criminal bars to citizenship, USCIS may still deny if your overall conduct does not reflect integrity.

What USCIS views as lack of good moral character

According to the USCIS Policy Manual Vol. 12, Part F, the following can show lack of good moral character:

• Lying or providing false information on the N-400.
• Failure to pay taxes or child support.
• Multiple minor violations (traffic, illegal gambling).
• Substance abuse or repeated minor offenses.
• Immigration fraud or sham marriage.

Even if they aren’t serious crimes, they can cause a temporary denial for lack of moral character. If fraud is suspected, USCIS may start green card revocation or removal proceedings.

How to prove rehabilitation to USCIS

The applicant must show changed behavior. USCIS evaluates good moral character under the totality of the circumstances, so each positive effort counts.

Effective ways to show rehabilitation:

• Recommendation letters (employers, community or religious leaders).
• Certificates for rehabilitation, education, or community service.
• Stable employment and tax compliance (including paying arrears, if any).
• Compliance with probation or court conditions.
• No new violations or arrests.
• Participation in positive activities (volunteering, mentoring).

USCIS gives weight to social reintegration efforts, family responsibilities, and a stable, productive life. A minor offense from years ago—paired with steady work, solid tax history, and proof of improvement—can still end in approval with proper documentation.

What to do if USCIS denies your application

Even if you otherwise qualify, USCIS can deny for criminal bars to citizenship or for lack of good moral character.

Why can U.S. citizenship be denied?

Common reasons:

• Offenses during the review period.
• Hiding relevant information on the N-400.
• Not paying taxes or child support.
• Failure to register with Selective Service (men 18–26).
• Lying during the interview or background checks.

Appeal or reapply for citizenship

If USCIS denies, you may file an administrative appeal (Form N-336) within 30 days. A different officer will review your case and new evidence.

Recommended steps:

1. Request a full copy of your file.
2. Review the exact reasons for the denial.
3. Submit new evidence or affidavits.
4. Request a hearing with support from a specialized attorney.

If the denial was due to a misdemeanor or procedural error, it may be reversed. For felonies or intentional fraud, it usually requires waiting and showing real change. The immigration appeal process can be won—don’t give up on your case.

Risk of losing your green card or citizenship

Beyond the criminal bars to citizenship, there are scenarios that may lead to loss of permanent residence or revocation of naturalization.

What offenses or actions can lead to loss of citizenship

• Treason or conspiracy against the U.S. government.
• War crimes, terrorism, or aiding enemies.
• Perjury or fraud during naturalization (lying or hiding records).
• Active participation in extremist or subversive groups.
• Crimes involving moral turpitude shortly before or after naturalizing, if there was deceit or concealment.

USCIS can initiate denaturalization if it finds that citizenship was obtained by fraud, even years later, and the person may be removed.

Our team also handles deportable offenses and can offer options to clean a criminal record in California.

FAQs about criminal bars to citizenship

Below we answer the most common questions attorneys receive about criminal bars to citizenship and possible solutions.

What can I do if my citizenship was denied?

You can appeal with Form N-336 within 30 days or reapply after the ineligibility period ends and after fixing the cause. If it was a denial due to error or a misdemeanor, it may be reversed with new evidence.

Helpful evidence during the appeal: tax payment history, steady work, and community involvement.

Criminal lawyers in Los Angeles handle the criminal defense, together with immigration lawyers in Los Angeles who manage the immigration consequences of the case.

Does a misdemeanor affect citizenship?

Yes. While it doesn’t usually disqualify you forever, a misdemeanor can influence USCIS’s decision during the good moral character review (last five years).

With good conduct, tax compliance, and proof of rehabilitation, you can reapply later.

Can a DUI cause loss of U.S. citizenship?

A single DUI typically delays naturalization, but repeat offenses or failing to disclose the record can lead to revocation of citizenship due to fraud or a pattern of misconduct.

If I’m denied citizenship, do I lose my green card?

Not necessarily. A denial does not mean you lose your green card, unless USCIS discovers fraud, false statements, or a serious crime that makes you deportable. In such cases, revocation or removal may follow.

An immigration attorney can evaluate cancellation of removal or help you reapply for naturalization later.

How long should I wait to reapply for citizenship?

It depends on the offense and time elapsed. In general, USCIS reviews good moral character over the last five years (or three for marriage-based cases). If the offense occurred within that period, it’s wise to wait five years of good conduct and complete any probation before applying.

How Lluis Law can help

We know how stressful a denial or criminal record can be. Our team will listen to your case, review it thoroughly, and offer clear, reliable solutions.

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At Lluis Law, your peace of mind and your right to remain in the U.S. are a priority. Need help with a citizenship case? Attorneys David and Ramiro Lluis can review your history, clarify options, and represent you before USCIS.