When you apply for U.S. citizenship using the N-400 Application for Naturalization, U.S. Citizenship and Immigration Services (USCIS) is going to ask you whether you have ever been convicted of crime. USCIS asks this question as part of its test of your moral character.

You must prove to USCIS that you have been a person of good moral character during the five years before you file your N-400, or three years if you will be filing under rule that allows spouses of U.S. citizens to apply after three years of permanent residency. You also must show that you’re still a person of good moral character at the time of your citizenship interview with USCIS.

Certain types of crimes, if you’ve been convicted of them, prevent you from ever showing good moral character, even if they were committed before the five- (or three-) year period. As a general rule, anyone who has ever been convicted of murder or anyone who has been convicted of an “aggravated felony” committed after November 29, 1990 will be found to lack good moral character and will not be given U.S. citizenship, ever. The exception is for people who have received a full and unconditional executive pardon for their crime—they might still be able to show good moral character.

Aggravated Felonies as a Bar to Naturalized Citizenship

The Immigration and Nationality Act (I.N.A.) defines the term “aggravated felony.” If the crime is not listed that definition, it’s not an aggravated felony for citizenship purposes. Consult with an immigration lawyer who specializes in the immigration consequences of criminal activity if you’re not sure whether you have been convicted of an aggravated felony committed after November 29, 1990.

You might have an aggravated felony on your record if you have ever been convicted, anywhere in the world, of:

• murder, rape, or sexual abuse of a minor
• illicit trafficking in a controlled substance (namely drugs)
• illicit trafficking in firearms or destructive devices (guns, weapons, and so on)
• money laundering offenses (over $10,000)
• explosive materials and firearms offenses
• crime of violence (with an imprisonment term of at least one year)
• theft offense (with an imprisonment term of at least one year)
• demand for or receipt of ransom (as in a kidnapping situation)
• child pornography offense
• racketeering or gambling (with an imprisonment term of at least one year)
• prostitution offense (managing, transporting, trafficking)
• gathering or transmitting classified information
• fraud or deceit offense or tax evasion (over $10,000)
• alien smuggling
• illegal entry or reentry by removed aggravated felon
• passport or document fraud (with an imprisonment term of at least one year)
• failure to appear for sentencing (offense punishable by at least five years)
• bribery, counterfeiting, forgery, or trafficking in vehicles
• obstruction of justice, perjury, bribery of a witness
• failure to appear in court (when offense punishable by at least two years), or
• attempt or conspiracy to commit an aggravated felony.

Other Criminal Activity That Bars Naturalized U.S. Citizenship

In addition to murder and aggravated felonies committed after November 29, 1990, there are other activities that are like crimes, or actually may be crimes, that permanently bar someone from showing good moral character.

These activities are persecutions by Nazis during the Second World War, genocide, torture or extrajudicial killings, and particularly severe violations of religious freedom. Consult with an immigration lawyer before applying for citizenship if you may have been involved in any such activity.