Introduction
Reaching your dream of becoming a U.S. citizen can be difficult enough as it is. But did you know that past mistakes could bar you from naturalization permanently? There are four critical things you must know about the permanent bars to naturalization and how they could affect you permanently.
- Criminal conduct
- Failures in moral character
These need not be insurmountable obstacles to reaching your objective.
Define Permanent Bars to Naturalization
We do not intend to downplay the seriousness of any crime, and its potential adverse effects on a person’s quest to become a U.S. citizen. A very serious crime or act of persecution can result in a person having a permanent bar to Naturalization due to failure to establish “good moral character” for Naturalization. An individual involved in Nazi persecution or genocide could very well be found to have a permanent bar to Naturalization. Likewise, an individual who was convicted of a murder, regardless of whether he/she was convicted of Murder in the First Degree or some lesser included offense for murder, would have a permanent bar to Naturalization as he/she would fail to establish required good moral character for Naturalization.
Permanent Bars to Naturalization:
- Involvement in Nazi Persecution or other Genocide and Aggravated Felony. An individual involved in Nazi persecution or other genocide would have a permanent bar to Naturalization based upon failure to establish good moral character.
- In addition, an individual convicted of an aggravated felony, committed after November 29, 1990, will have a permanent bar to Naturalization.
- On the other hand, an individual with an aggravated felony conviction prior to November 29, 1990, will have a permanent bar to Naturalization only if he or she fails to establish that his or her current moral character is good.
The longest lasting bar to adjustment of status or admission into the U.S. is based upon the amount of time an individual is considered to have been present in the U.S. without authorization. Unlike the 3 and 10-year bars which are based upon a single entry into the U.S. during a period of time when the individual was unauthorized to be in the U.S., the longest lasting bar is based upon the accumulation of more than one year of time during which an individual was in the U.S. without being authorized to be here. If you are subject to this bar, you can apply for a waiver of this bar and seek readmission to the U.S. up to 10 years after you have departed from the U.S. It is very advisable that you seek the help of an experienced immigration attorney when preparing such an application.
Here are some examples of how the above-mentioned bars to life in the U.S. can impact the life of a person seeking to become a citizen of the U.S. who is also an asylee or refugee:
- Such a person may be subject to a lasting bar to adjustment of status (i.e. permanent residence).
- However, such an individual would be eligible to apply for a waiver of inadmissibility on application I-602 (now Application for Waiver of Grounds of Inadmissibility).
- This individual would be able to complete the process of adjustment of status without having to depart from the U.S. and then wait 10 years before applying for readmission to the U.S.
- Other serious violations of religious freedom or grave persecution of other individuals also can lead to a permanent bar to citizenship by naturalization because the individual in question was the perpetrator of the persecution, i.e. the torture of another individual or individuals.
Knowing the permanent bars to naturalization will help you address any legal issues you may have regarding naturalization in the most efficient manner. If you have any legal obstacles to naturalization, it is strongly recommended that you seek an experienced immigration attorney to evaluate your individual circumstances and determine your options for acquiring the citizenship of your choice.

Explore Categories of Permanent Bars
Becoming a citizen is not always an easy process and in many cases your future can be permanently restricted by a number of so called bars to citizenship.
- Homicide: Any individual who has been convicted of any homicide, whether or not intended, will automatically and permanently bar themselves from naturalization as a U.S. citizen.
- Aggravated Felonies: As already stated before in regard to Habeas Corpus relief for immigrants, there are many serious crimes that an individual can be found guilty of. Some offenses are more serious than others, and as a result are considered to be ‘aggravated’. Some examples of these types of offenses are drug offenses such as trafficking in large quantities of narcotics and/or, other violent offenses. Importantly, however, even some of the less serious offenses, such as some thefts (even petty thefts and shoplifting), can be considered ‘aggravated’ under the Immigration and Nationality Act if the individual was sentenced to more than 1 year of confinement for that offense. These offenses were made grounds for deportation by the congress as of November 29, 1990.
- Persecution of Others: An individual who has persecuted another individual or group on the basis of race, religion, nationality, membership in a particular social group, or political opinion is also forever barred from obtaining citizenship through naturalization.
- Torture and Genocide: Any individual who has engaged in conduct of torture or genocide is also a permanent bar to eligibility to become a naturalized U.S. citizen for life.
Learn the serious offenses that are considered “bars to naturalization” and see how nearly 40% of individuals with no prior criminal record are ICE arrested and detained every year. Understanding these areas of immigration law and how to protect your rights in these serious matters will be very helpful to you and your loved ones.
Vasquez Law Firm, Immigration Attorney services and Immigration Laws, can assist you or your loved ones who may have a bar to citizenship. Many serious offenses have been declared by Congress and subsequently placed into Immigration and Nationality laws, which can serve as a life long bar to a future citizenship application. By representing you in obtaining your immigration status the Lawyer can examine your prior offenses to give you a sense of how future actions on your part may impact your permanent future restrictions to your future rights. Even Aggravated Felony charges are often amenable to legal alternatives to removal that can permanently bar an individual from any future return to United States. Thus it is generally wise to seek the counseling of a Immigration Lawyer even prior to the charged of any felony crime, that you may have a fully informed representation prior to acceptance of any offer. We can discuss matters such as mandatory detention and any resulting deportable offenses for which you may be eligible for alternative relief from removal or any future bars to new immigration status that would afford you future travel rights.
Detainees with prior convictions of aggravated felonies are subject to mandatory detention. Under these circumstances, if they are deported, they will be permanently barred from reentry into the U.S. They will need an experienced immigration attorney to seek relief from removal. As attorney Denisse Ilabaca of the Immigration Clinic at Vasquez Law Firm notes, “If you are a noncitizen facing criminal charges in Florida, talk to an immigration attorney before accepting any plea agreement. You may be giving up important rights.” At the Vasquez Law Firm, we are here to assist you through the process of deportation with permanent restrictions to your future as a U.S. citizen. Call today for your free initial consultation. We work with our clients to develop fair payment plans so that our clients can receive the immigration representation that they deserve.

Understand Conditional Bars to Naturalization
You probably are not a bit anxious about your past actions while waiting for the initiation of your naturalization process as to whether or not they caused a permanent bar to naturalization. Knowledge of the many disqualifying circumstances which have caused Congress to establish these bars to naturalization in the last five years alone will serve to alleviate some of that anxiety as you read through the following examples of such circumstances which serve as disqualifying bars to naturalization.
- Crimes Involving Moral Turpitude (CIMTs): If you have committed any Crimes Involving Moral Turpitude (CIMTs) within the last five years, then you will have incurred a conditional bar on your naturalization application. CIMTs are crimes that show that the individual committing the crime does not have good moral character.
- False Testimony: Giving false testimony to receive immigration benefits can lead to a person who is a citizen of the US to be denied citizenship on the basis of a conditional bar. False testimony is giving willful and incorrect information in order to have an application for immigration benefits processed. False testimony could be when an immigrant provides false information in order to receive a green card, or when a US citizen provides false information on his or her naturalization application. This could also include failure to disclose information such as prior convictions, prior deportations, or prior denials of immigration benefits.
- Habitual Drunkenness: Again, similar to false testimony another ground of permanent bar to naturalization of a lawful permanent resident is a finding of habitual drunkenness where he or she has been determined to be an habitual drunkard or of similar conduct that demonstrates serious question as to his or her good moral character in time frame above.
But note that all the naturalization bars listed above as permanent are not in fact permanent. Provided an individual with good character, each of the naturalization bars to naturalization can be waived in time. It is good to have this information and hopefully it will provide some guidance to those seeking citizenship.

Assess the Role of Good Moral Character in Naturalization
Applicants for naturalization want to know how they are going to be evaluated regarding their good moral character (GMC) for naturalization.
- Past Criminal Activity: Your Naturalization GMC evaluation looks at your past criminal activities. Depending on the nature and dates of past crimes that you have been found guilty of, they may be considered to impair your moral character for Naturalization. Note that there are some past crimes that can be considered to be a permanent or conditional bar to Naturalization. For example, past aggravated felonies or past crimes of violence can permanently bar an individual from receiving Naturalization. Additionally, past DUI offenses in excess of two and past use and distribution of controlled substances can also impair an individual’s moral character for Naturalization as conditional bars to the process. Because each individual’s circumstance is so unique, rehabilitation for past wrongdoing can be taken into consideration during the Naturalization GMC evaluation as well as other negative factors as well as any positive factors within an individual’s overall circumstances.
- Community Involvement: Most community service, volunteer work, and any other civic work is viewed in a very favorable light when considering moral character for naturalization. Proof of good moral character consists of proof of acts of good moral character, such as providing for responsible family members, rendering community service, volunteer work, etc. The attorneys at Vasquez Law Firm participate in, and organize, the ‘Know Your Rights’ workshops in English and Spanish for the community at large. These workshops teach its participants aspects of immigration law, the criminal justice system and the rights of the workers in the workplace.
- Family Responsibilities: Your responsibility to your family is viewed very positively by USCIS. Your moral character is viewed as showing responsibility to your community and upholding high moral standards by showing responsibility to your family.
We can help determine how your actions would be viewed during your GMC evaluation by thoroughly reviewing all aspects of your conduct, including any adverse actions and any actions you have taken to rehabilitate yourself from previous wrongdoing. With the recent changes to the policies and procedures of USCIS, naturalization processing times have increased dramatically and each application is undergoing a much more in-depth review. At The Vasquez Law Firm, we are committed to the growth of the community and the empowerment of its people. We are invested in the next generation of diverse professionals in the legal field and we are currently accepting applications for our annual scholarships to first generation college students pursuing a degree in law. These scholarships will allow these students to reach their full potential.

Conclusion
Of course, obtaining United States citizenship through naturalization requires going through the naturalization process. However, many applicants are negatively affected by permanent bars to naturalization for crimes, such as homicide, aggravated and serious crimes, and for acts of persecution, which are indicative of an applicant who does not possess poor moral character. Also, there are certain circumstances of recent conduct that create conditional bars to naturalization, and conditions under which these bars can be waived for applications seeking naturalization.
This article will explain the permanent and conditional bars to naturalization for serious crimes such as homicide, aggravated and very serious crimes as well as acts of persecution that demonstrate that the naturalization applicant lacks good moral character. The article will also discuss how recent conduct can create conditional bars to naturalization and how waivers may be available for some applications.
Chances are that achieving naturalization can be difficult for many individuals. But it is not impossible. At the Vasquez Law Firm, we have a very experienced team of immigration lawyers who can assist you through the naturalization process. In addition to answering your questions, explaining your situation, and guiding you through the process of achieving naturalization, we are a bilingual law firm. We have payment plans to fit within your budget, and we provide free initial consultations. Contact us today to start building your future.
Frequently Asked Questions
What is a permanent bar to naturalization?
A permanent bar to naturalization is a legal restriction that prevents an individual from becoming a U.S. citizen due to serious crimes or acts of persecution that indicate a failure to establish "good moral character."
What types of actions can lead to a permanent bar to naturalization?
Involvement in Nazi persecution, genocide, or being convicted of an aggravated felony committed after November 29, 1990, can lead to a permanent bar to naturalization.
Are there different rules for aggravated felony convictions based on when they occurred?
Yes, individuals convicted of an aggravated felony before November 29, 1990, will have a permanent bar to naturalization only if they cannot demonstrate that their current moral character is good.
How does unauthorized presence in the U.S. affect naturalization eligibility?
Accumulating more than one year of unauthorized presence in the U.S. can lead to the longest-lasting bar to adjustment of status or admission. Individuals affected can apply for a waiver of this bar up to 10 years after leaving the U.S.
Can asylees or refugees face permanent bars to naturalization?
Yes, asylees or refugees may face lasting bars to adjustment of status but can apply for a waiver of inadmissibility using Application I-602, allowing them to adjust status without leaving the U.S.
What other serious violations can result in a permanent bar to citizenship?
Serious violations of religious freedom or grave persecution, such as torture of others, can also lead to a permanent bar to citizenship by naturalization.
What should individuals do if they have legal obstacles to naturalization?
It is strongly recommended that individuals seek the help of an experienced immigration attorney to evaluate their circumstances and explore options for acquiring U.S. citizenship.
List of Sources
- Define Permanent Bars to Naturalization
- Permanent Bars to Good Moral Character (https://myattorneyusa.com/immigration-blog/permanent-bars-to-good-moral-character)
- Chapter 4 - Permanent Bars to Good Moral Character (https://uscis.gov/policy-manual/volume-12-part-f-chapter-4)
- Permanent Bar - overview (https://myattorneyusa.com/immigration-blog/deportation-and-removal/removal-deportation-defense/permanent-bar-overview)
- Explore Categories of Permanent Bars
- Welcome.US (https://welcome.us/policy-updates/recent-policy-news)
- Chapter 4 - Permanent Bars to Good Moral Character (https://uscis.gov/policy-manual/volume-12-part-f-chapter-4)
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- Understand Conditional Bars to Naturalization
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- USCIS Expands “Good Moral Character” Standards for Naturalization (https://hunton.com/business-immigration-insights/uscis-expands-good-moral-character-standards-for-naturalization)
- Assess the Role of Good Moral Character in Naturalization
- USCIS Expands “Good Moral Character” Standards for Naturalization (https://hunton.com/business-immigration-insights/uscis-expands-good-moral-character-standards-for-naturalization)
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