Pursuing citizenship while you’re on probation can feel impossible, but it doesn’t have to be. Although having a criminal record can negatively impact your citizenship application, this doesn’t necessarily mean that naturalization isn’t possible. However, this can cause some issues with your application, so you need to know what to expect before moving forward. Keep reading to find out if you can apply for citizenship while on probation and, if so, how this impacts the application process.
Can USCIS Approve Naturalization While You Are on Probation?
The first thing you need to understand is that applying for citizenship while on probation is still an option that you have if you wish to obtain U.S. citizenship. However, USCIS cannot legally approve any form N-400 while your probation is currently active. This rule also applies to individuals during parole or who have a suspended sentence.
Because of this, USCIS will postpone making a decision on your application until you have completed your probationary period. Or, in some situations, USCIS may ask you to submit a new application once your probationary period ends.
So, if your ultimate goal is to apply for citizenship, even with a criminal record, you should discuss your options with a citizenship attorney. An attorney will have experience with these types of cases and can help you determine the best way to move forward.
How Probation Affects Naturalization
Although you’re legally allowed to submit form N-400 with a criminal history, such as probation, this can come with some drawbacks. Any type of criminal record can reflect poorly when you apply for citizenship, which can result in USCIS investigating your case more. That is why these types of immigration cases can be more difficult, especially for situations involving more serious criminal offenses or a more substantial criminal history.
Here are some examples of how probation will affect your citizenship application and your chances of approval:
- Good moral character requirement: Naturalization applicants must demonstrate good moral character that’s in line with the standards set by USCIS. You must establish good moral character during the statutory period, which is usually five years for most applicants, or three years if you’re married to a U.S. citizen. So, being on probation can intersect with this statutory period, potentially making you ineligible.
- Mandatory disclosure: When applying for U.S. citizenship, you’re legally required to disclose your entire criminal history so that USCIS can review it. This includes probation records, charges, and arrests, whether they were informal, dismissed, or expunged. Failure to honestly disclose your criminal history can result in serious immigration issues, including temporary or permanent immigration bars into the United States.
- Deportation risks: Filing for naturalization when you have certain criminal offenses on your record could potentially result in a notice to appear in immigration court. If this happens, you may face the risk of deportation depending on the particular circumstances.
How your probation affects your ability to apply for citizenship will depend entirely on the situation. For instance, relatively minor offenses may not create many issues as long as you have a strong immigration strategy. Whereas, you may run into problems in situations involving more serious offenses or for multiple criminal incidents.
Should You File the N-400 Before Probation Ends?
Determining whether or not you should file for citizenship while on probation depends on your unique situation. Firstly, you should work with an immigration attorney before you make a decision, as they can help you weigh the pros and cons of both options.
In many cases, filing your N-400 before probation ends isn’t the best option since you won’t receive a decision until you complete probation anyway. Also, filing prematurely can come with some additional risks, such as:
- Review of your green card status for certain types of criminal offenses.
- Possible deportation or immigration bars for more serious criminal offenses.
- Good moral character ineligibility due to the statutory period.
What Happens After Probation Ends?
The good news for immigrants who are on probation is that you can generally move forward with naturalization once your probationary period has ended. However, there are some additional steps you will need to take for USCIS to approve your application, including:
- Gather certified proof of completion and court dispositions for all arrests, convictions, and charges.
- Prepare to provide a detailed explanation regarding the circumstances around the offense.
- Prepare to provide evidence of rehabilitation if requested.
- Time your application strategically to account for the statutory period so that you can meet the good moral character eligibility requirement.
- Gather evidence demonstrating positive lifestyle factors, such as employment history, community involvement, family ties, etc.
In addition to these steps, you should also get the help of a citizenship attorney with experience helping immigrants who have criminal records. It’s important to work with somebody who has experience with these types of cases, as they can come with more challenges and require a very specific strategic approach to improve your chances of approval.
An attorney can also help you navigate any issues you may run into, such as good moral character ineligibility or deportation risks.
Hire an Immigration Attorney Today
Are you worried about navigating citizenship eligibility after a criminal conviction? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 or reach out through our online contact form to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Can USCIS approve my citizenship while I am on probation?
No. USCIS has a strict rule that does not allow it to approve any naturalization applications while the applicant is currently on parole, probation, or under a suspended sentence. There are no exceptions.
Does finishing probation mean I automatically qualify?
Although finishing your probation is necessary for naturalization approval, it does not guarantee a positive outcome. USCIS will still evaluate your application thoroughly, including investigating the criminal offense and whether or not it disqualifies you from establishing good moral character.
Should I disclose an expunged conviction?
Yes. You’re legally required to include your entire criminal history when filling out form N-400. This includes any expunged, dismissed, or sealed offenses. Failure to disclose your criminal history could lead to a false testimony bar.
