As a “non-citizen”, there are many things that impact one’s status; and a criminal record can certainly disrupt someone’s ability to become a citizen or even legally remain in the United States.
When someone wants to become a U.S. citizen through naturalization, there is an application, background check, interview, and tests of English, civics, reading & writing. But that person does not become a U.S. citizen until they are sworn in at the ceremony. As a “non-citizen”, there are many things that impact one’s status; and a criminal record can certainly disrupt someone’s ability to become a citizen or even legally remain in the United States.
Our office had five clients being sworn in as U.S. citizens in El Paso on February 14th, but the naturalization process was interrupted for one of them. You see, when he had passed his interview and test last year, he decided to celebrate. Unfortunately, he ended up with a public intoxication charge. He took care of it that night, and didn’t think of it again until he was preparing to go to the ceremony.
At the oath ceremony you are required to answer follow-up questions about the time period since your interview. Our client finally looked through the paperwork that he needed to turn in, and realized that he would need to disclose the recent arrest and conviction. Although we were called immediately, it was after five o’clock in the evening, and the client needed to check in at the ceremony at eight in the morning.
Our client made a 600 mile round trip to attend the oath ceremony, but was turned away because he did not have all the paperwork regarding his arrest. Although it was a misdemeanor, USCIS will always require complete paperwork regarding any criminal record. They were willing to update his background check prior to the ceremony, but not without the paperwork. Once USCIS has the paperwork, they will evaluate if our client still meets the “good moral character” requirement. Only if everything is correct, will they re-schedule an oath ceremony for him.
What lessons can be learned from this? First and foremost, violating the law has consequences – from the financial cost to the permanency of a criminal record. Secondly, calling our office right after the arrest would have given us the time to make sure all of the paperwork was turned in on time. Attorneys are often hampered in their ability to represent their clients by the clients themselves.
And finally, if you are not a U.S. citizen, you must realize that your ability to remain in the U.S. can be gone in an instant. Don’t believe the word “permanent” on your permanent resident card. I have seen far too many people be deported because of a criminal record. If you want to be secure in your ability to remain in the United States, then you must become a U.S. citizen. If you don’t, you will always be an “alien” in the eyes of the government, and you will be subject to immigration law.
