Becoming a U.S. citizen is a complex process that requires applicants to meet several legal and moral standards. One of the more challenging aspects is how the U.S. handles citizenship applications from individuals with felony convictions. A question that often arises is: Can a felon get citizenship through marriage? In this blog post, we will explore how U.S. immigration law addresses felons who seek citizenship through marriage, the hurdles they may face, and the potential legal remedies available.
1. Can a Felon Get Citizenship Through Marriage?
For many immigrants, obtaining U.S. citizenship through marriage to a U.S. citizen is a common pathway. However, having a felony conviction can complicate the process. Felony records may impact an applicant’s ability to meet the “good moral character” requirement that is central to the naturalization process. In this post, we will break down what this means for individuals with criminal histories and their chances of becoming U.S. citizens.
2. Understanding U.S. Citizenship Through Marriage
One of the primary paths to U.S. citizenship is through marriage to a U.S. citizen. The process typically begins with the immigrant spouse applying for a Green Card, followed by fulfilling a three-year residency requirement before applying for citizenship. During this process, the applicant must demonstrate good moral character, which is where having a felony conviction can become problematic.
Naturalization Process for Spouses of U.S. Citizens
To become a U.S. citizen through marriage, immigrants must:
- Be a lawful permanent resident (hold a Green Card) for at least three years.
- Be married to a U.S. citizen for those three years.
- Demonstrate good moral character during this period.
- Pass an interview, an English test, and a U.S. civics exam.
Marriage alone does not automatically grant citizenship; the applicant must meet all other legal requirements.
Eligibility Requirements
One of the main eligibility factors for naturalization is proving “good moral character.” While this is a broad term, criminal convictions—particularly felonies—can pose significant barriers.
3. How a Felony Conviction Affects U.S. Citizenship Applications
U.S. immigration law takes criminal history very seriously when determining eligibility for citizenship. Not all criminal offenses automatically disqualify someone from becoming a U.S. citizen, but felony convictions, especially those categorized as serious offenses, can be a significant roadblock.
Criminal History and Immigration Law
The Immigration and Nationality Act (INA) outlines how crimes affect citizenship applications. A felony conviction can trigger a review under the “good moral character” standard. For certain crimes, such as aggravated felonies, U.S. law prohibits the granting of citizenship altogether.
Deportable vs. Inadmissible Offenses
Criminal convictions in the U.S. fall into two categories in immigration law: deportable and inadmissible offenses. If a felony is categorized as an inadmissible offense, the applicant may be barred from entering the U.S. or obtaining lawful status. Deportable offenses, on the other hand, may subject the applicant to removal from the U.S. even if they are already in the country legally.
Felonies That Impact Citizenship Applications
Certain felonies, such as those involving violence, drug trafficking, or fraud, can lead to a permanent bar from citizenship. Even lesser offenses can cause delays or denials, depending on the specifics of the crime.
Good Moral Character Clause
To obtain U.S. citizenship, all applicants must prove they have maintained good moral character for a specific period (typically three years for spouses of U.S. citizens). A felony conviction within that time frame could lead to an automatic denial. Furthermore, some crimes may permanently prevent someone from being able to demonstrate good moral character.
4. Waivers and Legal Remedies for Felons
While a felony conviction can severely hinder a citizenship application, there are legal avenues that felons may explore to improve their chances. Waivers of inadmissibility or legal remedies such as pardons or expungement may provide some relief.
Waivers of Inadmissibility
In certain cases, individuals with a criminal record may be able to apply for waivers of inadmissibility. These waivers allow some applicants to bypass the legal barriers caused by past criminal convictions. For example, a 601A provisional waiver might allow an applicant to address a prior criminal offense, particularly if it occurred outside the U.S.
Pardons and Expungement
A criminal record can sometimes be mitigated by seeking a pardon or expungement. If a felony conviction is expunged (or officially cleared from the record), the individual may still need to disclose the conviction during their naturalization interview, but it may improve their overall case.
5. The Role of Marriage in the Citizenship Process
One common misconception is that marriage to a U.S. citizen automatically protects an immigrant from deportation or ensures their citizenship application will be approved, regardless of their criminal record. However, while marriage provides a legal pathway to citizenship, it does not shield individuals from the consequences of their criminal history.
Does Marriage Provide Protection?
Marriage to a U.S. citizen does not automatically protect a felon from deportation or guarantee citizenship approval. The individual must still meet all the necessary legal requirements for naturalization, including proving good moral character.
Legal Residency Pathways for Spouses of U.S. Citizens
Marriage to a U.S. citizen may offer some felons a path to legal residency (Green Card), but the ultimate decision lies with U.S. immigration authorities. Each case is evaluated individually based on the nature of the crime and other factors.
Additional Challenges for Felons Seeking Citizenship Through Marriage
Felons seeking citizenship through marriage will face additional scrutiny during the interview and background check process. USCIS officers may ask detailed questions about the nature of the crime and how it has impacted the applicant’s life.
6. Potential Outcomes for Felons Applying for Citizenship
The outcome of a felon’s citizenship application largely depends on the specifics of their criminal record, whether legal remedies were pursued, and how well they can demonstrate good moral character.
Denial of Citizenship
If the felony conviction is deemed serious or falls under the category of aggravated felonies, the citizenship application will likely be denied. In some cases, this may also result in deportation proceedings.
Approval Despite Criminal Record
In certain cases, individuals with less severe convictions or those who successfully apply for waivers may still be approved for citizenship. Each case is unique, and outcomes will depend on the specifics of the criminal record and the individual’s history.
Case Studies or Examples
Providing real-life examples of individuals who have successfully obtained citizenship despite felony convictions can illustrate the potential pathways for applicants with criminal records.
Conclusion
In answer to the question “Can a felon get citizenship through marriage?”—the answer is yes, it is possible, but it depends heavily on the nature of the felony and how the individual’s case is handled. Marriage to a U.S. citizen does not guarantee citizenship if the applicant cannot demonstrate good moral character and felony convictions complicate the process significantly. Individuals with criminal records should seek professional legal advice to navigate the complexities of U.S. immigration law.
FAQ
Q1: Can a felon become a U.S. citizen through marriage?
A: Yes, it is possible, but it depends on the felony and whether the individual meets the “good moral character” requirement.
Q2: Will marriage protect a felon from deportation?
A: No, marriage does not automatically protect a person from deportation. The individual must still qualify for legal residency and meet U.S. immigration requirements.
Q3: Can a felony be expunged to improve the chances of obtaining citizenship?
A: In some cases, expunging a felony may help, but the crime must still be disclosed to USCIS during the application process.
Q4: What types of felonies prevent someone from obtaining U.S. citizenship?
A: Aggravated felonies, such as violent crimes or serious drug offenses, are often grounds for denial and potential deportation.
Q5: Should a felon seek legal assistance when applying for citizenship through marriage?
A: Yes, legal assistance is highly recommended, as immigration law is complex, and felony convictions require special handling to navigate the process successfully.
