Hey there,
Let’s talk about something that doesn’t get enough attention: how a misdemeanor—yes, even a small one—can interfere with your citizenship plans if you’re a green card holder.
You might think, “It was just a DUI,” or “That happened years ago.” But when it comes to applying for U.S. citizenship, the government doesn’t always see it that way.
Misdemeanors and “Good Moral Character”
When you apply for naturalization, U.S. Citizenship and Immigration Services (USCIS) looks at your behavior over the last three to five years, depending on your case. This is called the “statutory period.” During this time, they expect you to demonstrate “good moral character” (GMC).
But here’s the kicker: even if your misdemeanor happened before that period, it can still raise red flags. For example, if you had a DUI with a high blood alcohol content or were driving recklessly, USCIS might argue that you posed a real danger to others on the road. That can seriously hurt your case.
It’s Not Just the Crime—It’s the Pattern
USCIS doesn’t just look at the offense; they consider the whole picture. If you’ve had multiple run-ins with the law or if your behavior suggests a pattern of poor judgment, that can be a problem. Even if you’ve cleaned up your act, they might still question whether you’ve truly turned things around.
Probation and Parole
If you’re on probation or parole, USCIS won’t approve your application. You must wait until you’ve completed your sentence. But even after that, they’ll scrutinize your behavior during the statutory period to see if you’ve maintained good moral character.
Honesty Is Crucial
One of the worst things you can do is hide your criminal history. USCIS conducts thorough background checks, and if they discover that you lied or omitted information, that’s grounds for denial. Always be upfront about your past.
What You Can Do
If you have a misdemeanor on your record—especially one involving alcohol or drugs—it’s essential to consult with an immigration attorney before applying for citizenship. They can help you understand how your specific situation might affect your application and advise you on the best course of action.
Remember, every case is unique. Don’t assume that a minor offense won’t matter. It’s better to be safe and get professional advice than to risk a denial.
Stay informed and take the necessary steps to protect your path to citizenship.
Nick Alcock
Alcock & Associates
