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Can A Criminal Record Ruin Your American Dream?

Posted by Arturo Angel Burga | Oct 23, 2024 | 0 Comments

How a Criminal Record in California Can Affect Your Chances of Becoming a U.S. Citizen

If you're living in California and hoping to become a U.S. citizen, having a criminal record can complicate the process. While not every crime will prevent you from obtaining citizenship, certain offenses can jeopardize your application. Understanding the difference is crucial to avoid immigration issues.

At Burga Law Firm, PC, we have extensive experience in helping clients navigate this complex area of law. Below, we'll explain how a criminal record may impact your path to citizenship, and what we can do to help.

Crimes That Affect U.S. Citizenship Applications

To become a U.S. citizen, applicants must prove they have "good moral character" for a certain period of time. Certain crimes, however, may show a lack of good moral character and can lead to your application being denied. Crimes that could impact your chances include:

  • Aggravated felonies: These include serious offenses like murder, rape, or drug trafficking. A conviction for an aggravated felony will almost certainly result in a denial.
  • Crimes of moral turpitude: This broad category includes offenses such as fraud, theft, or violence. A single crime of moral turpitude can affect your application, but multiple convictions are more likely to result in denial.
  • Drug offenses: Convictions related to the possession, sale, or distribution of drugs (except a single conviction for simple possession of 30 grams or less of marijuana) can make you ineligible for citizenship.
  • Domestic violence or child abuse: U.S. Citizenship and Immigration Services (USCIS) takes these crimes seriously. A conviction for domestic violence, child abuse, or violation of a protection order can result in a denial.

Crimes That May Not Affect Your Citizenship Application

Not all criminal convictions will necessarily bar you from becoming a U.S. citizen. Minor offenses, especially those that are misdemeanors, may not disqualify you if they occurred outside the required "good moral character" period, or if they do not demonstrate a pattern of misconduct. For example:

  • Traffic violations: Minor infractions like speeding tickets or parking violations typically don't affect your citizenship application.
  • Simple possession of marijuana: If the conviction involves possession of 30 grams or less of marijuana, it generally won't bar you from applying.
  • Petty offenses: Certain crimes classified as "petty offenses" (where the maximum possible sentence is under six months in jail) may not disqualify you, particularly if they were isolated incidents.

Hypotheticals

To give you a better idea, let's look at a couple of hypothetical scenarios:

1. Case 1: Maria's Fraud Conviction  
   Maria, a permanent resident living in Rancho Cucamonga, was convicted of credit card fraud five years ago. Because fraud is considered a crime of moral turpitude, this could affect her citizenship application. However, since the conviction occurred outside of the five-year "good moral character" period, she may still be eligible—though she will need strong legal representation to argue that the crime was an isolated incident.

2. Case 2: John's Marijuana Possession  
   John was convicted of possessing less than 30 grams of marijuana two years ago. Under U.S. immigration law, this is considered a minor drug offense that typically won't prevent him from obtaining citizenship, assuming he has no other disqualifying factors.

How Burga Law Firm, PC Can Help You Avoid Immigration Consequences

Facing immigration challenges due to a criminal record can be intimidating, but you don't have to navigate it alone. At Burga Law Firm, PC, we understand the complex intersection between criminal law and immigration law. We'll evaluate your criminal record, help you understand its impact on your citizenship application, and work with you to explore options like post-conviction relief or expungement where possible.

Our experienced team will guide you through every step of the naturalization process, providing strong legal advocacy to minimize the risks of immigration consequences. Whether you're located in Rancho Cucamonga or anywhere in California, we are committed to helping you protect your future in the U.S.

Contact Burga Law Firm PC Today

If you or someone you know is concerned about how a criminal record might impact their chances of becoming a U.S. citizen, don't hesitate to reach out to us. **Burga Law Firm, PC** is here to help you every step of the way. Call us today to schedule a consultation.

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About the Author

Arturo Angel Burga

FOUNDER Arturo Angel Burga Mr. Burga began his solo practice in 2011. Since then he has grown to become a top-rated lawyer in his field. He was ranked as a Top Lawyer by Inland Empire Magazine and most recently was an invited as a speaker at the American Immigration Lawyers Association (AILA) A...

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