Santa Ana Client Granted Naturalization Despite Criminal Convictions
I just returned from a naturalization interview at the Santa Ana office of United States Citizenship & Immigration Services. My client’s N-400 was approved even though he had criminal convictions for burglary and forgery from 1996.
Generally, the good moral character requirement pertains to the five years preceding the N-400 application (3 years in the case of a lawful permanent resident married to a US Citizen and 1 year for Armed Forces personnel); however, the Department of Homeland Security may look beyond the 5 year period when determining good moral character according to INA 316(e).
In the Ninth Circuit (of which California is part), if the applicant demonstrates exemplary conduct during the statutory period, his application cannot be denied solely on a prior criminal conviction occurring outside the statutory period. Santamaria-Ames v. INS, 104 F.3d 1127, 1132 (9th Cir. 1996).
Other courts have found that it is impermissible to rely solely on acts outside the statutory period and such reliance must be tied into current conduct. Gatcliffe v. Reno, 23 F.Supp.2d 581, 585 (D.V.I. 1998)
It is important to note that Department of Homeland Security can initiate removal/deportation proceedings if the past conduct is a ground of deportation.
In this case, my client’s criminal convictions occurred outside the statutory period of five years. The crimes were not aggravated felonies; therefore, there was no permanent bar against naturalization. My client was very pleased with the outcome, and he is excited to take his citizenship oath.
If you are considering naturalization, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will discuss your situation and help you better understand any risks involved in pursuing naturalization.
