If you are an immigrant in Texas applying for U.S. citizenship, your criminal history can affect your case. Even minor offenses may impact whether you qualify. USCIS applies federal immigration law, but Texas court outcomes (like deferred adjudication) can still matter.
The Good Moral Character (GMC) requirement
A criminal record mainly affects one key part of naturalization: Good Moral Character (GMC). To become a U.S. citizen, you must show good moral character during the statutory period. This is usually:
- 5 years before you file your application
- 3 years if you are married to and living with a U.S. citizen
USCIS focuses on this time period to evaluate GMC. However, officers can also review your entire criminal history, even older incidents, to decide whether you meet the standard.
More than just convictions
Many people think only convictions matter. But USCIS looks at other legal issues too. Common examples in Texas include:
- Charges that did not lead to conviction
- Deferred adjudication
- Arrests (even if the case was dismissed)
You must tell USCIS about your full criminal history on the N-400 form. If you don’t, you could face serious problems. They might say you lied or hid information.
Permanent bars to citizenship
Some crimes can make you ineligible for naturalization for a long time. The most serious crimes can create a permanent bar, meaning USCIS can never find good moral character for naturalization.
Permanent bars include convictions for crimes such as:
- Murder
- Certain aggravated felonies
A key rule is that any aggravated felony conviction on or after November 29, 1990 is a permanent bar to naturalization. Also, a crime labeled a “misdemeanor” in Texas may still count as an aggravated felony under federal immigration law.
Moving forward
A criminal record does not always stop you from becoming a U.S. citizen. However, it does affect how USCIS views your character. Crimes can cause delays or lead to permanent loss of rights. Since Texas rules like deferred adjudication still carry federal immigration consequences, you should talk to a legal professional.
