PHAM & CLOVES, PLLC

Naturalization : The Process of Filing For U.S. Citizenship

Naturalization is a straight-forward process in which those that meet the minimum requirements and passed the English, history, and government should be allowed to be naturalized to become a U.S. citizen.  However, the USCIS have recently use naturalization as a last tool to screen-out permanent residents, rather than to welcome those that have lived and worked in this country, and as a tax payer.  The naturalization has become an impossible huddle for those that have less than a perfect criminal record, such as minor drug possessions, misdemeanor thefts, and sometimes even those who have had one or two DUI convictions (or deferred adjudications).  Even if you do not have any criminal conviction, having an experienced immigration attorney represent your application would expedite the application process by presenting all required documents and qualifications the first time, saving time and confusions for both the USCIS and the applicant.

The Houston Naturalization Attorneys and the Woodlands Naturalization Application Lawyers are experienced Houston Immigration Lawyers who have assisted numerous people to obtain naturalization.  Of those, some applicants have had minor convictions or who have failed to pass the examinations a number of occasions.  By having competent, reliable attorneys who regularly represent clients with USCIS, your application will have a greater chance of success.  By drafting legal arguments and offering exhibits to show our clients are qualified to be naturalized, the North Houston U.S. Citizenship Application Lawyers and the Spring Texas Naturalization Attorneys helped our Clients obtain the greatest American dream, to become a U.S. citizen. 

Below, I will discuss the general requirements for naturalization.  I will go into further details as to which criminal convictions may still be eligible for naturalization and which convictions are statutory-bared (by law) from being naturalized and may face removal.  Should you have any questions, please feel free to contact our West Houston Naturalization Attorneys and the Westchase and Spring Naturalization Attorneys at 832-647-9867.  Alternatively, please visit our website and fill out an online inquiry application.

General Requirements for Naturalization

To be eligible for naturalization, the applicant must be at least 18 years of age and has been a permanent resident for at least 5 continuous years, or three years if the person married a U.S. citizen.  Within this period, the person must have resided in the U.S. for at least 30 months (1/2 of the time).  The person must not be a person that can be removed from the U.S., such as someone that committed an aggravated felony or a crime involving moral turpitude (CIMT). See below.  Further, the applicant must demonstrate that he or she has good moral character.  Finally, the person must demonstrate he/she is attached to the U.S. Constitution and demonstrate basic knowledge of the English language and the U.S. Constitution and History. 

Applicants with Criminal Convictions

Contrary to the general belief, applicants with past criminal convictions may still be able to file for naturalization.  However, everyone need to know that there are immigration consequences for past criminal convictions. First, any person who have committed an “aggravated felony” as defined under the Illegal Immigrants Reform and Immigrant Responsibility Act (IIRIRA) of 1996 are not eligible and may be removed from the U.S.  A person that committed a crimes involving moral turpitude (CIMT) are also not eligible for naturalization and are also removable.  Aggravated Felonies are more clearly defined under IIRIRA, and include any crimes under Section 101(a)(43)(f) of the Immigration and Nationality Act (INA).  This include, murder, aggravated manslaughter, rape, trafficking narcotics, fraud crimes involves $10,000 or more, as well as sex crimes, organized crimes, and child pornography, just to name a few.  CIMT is less clearly defined.  Over the years, courts have determined that certain crimes against the government, sex crimes, fraud crimes that have a maximum sentence of 1 year or more, and violent crimes are CIMT.  Each case must be determined on an individual basis based on the conviction and facts surrounding the circumstances.  Please contact the Houston Deportation Attorneys and the Houston Removal Lawyers for more information.

In addition to the above, applicants that demonstrate bad moral character within 5 years preceding the date of the naturalization application is also statutory not qualified.  Criminal convictions that may reflect bad moral character may include, vice acts such as prostitution crimes, polygamy or adultery, nonpayment of taxes, theft and fraud related crimes, habitual drunkard, illegal gambling, and failure to pay child-support.   Outside of the 5 years preceding the date of application, the USCIS Adjudicating Officer may also determine that the person has bad moral character, such as a repeat DUI offender or a serious of misdemeanor convictions. 

As stated above, each case is different and our experienced Houston Naturalization Attorneys will assess your eligibility on an individual basis.  In many cases, having a family and cultural support systems, such as a church or a temple, are helpful.  Further the North Houston Immigration Attorneys and the Southwest Houston Naturalization Lawyers at Veritas will also help you identifying factors that would support a finding that you have good moral character, such as the length of time since your last conviction, your current employment status, and education. 

Should you have any questions regarding your immigration qualifications based on your past convictions, please contact the Houston Naturalization Attorneys and the Spring Immigration and Naturalization Lawyers at Veritas Legal Group.  Our experienced Houston U.S. Citizenship Application Lawyers and our Northwest Houston Naturalization Petition Attorneys will assist you in preparing and filing your N-400 naturalization application.  Our immigration lawyers may be reached at 832-484-9015 or through our online contact form.