An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:
· has committed and been convicted of one or more crimes involving moral turpitude,
· has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more,
· has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana,
· has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more,
· has committed and been convicted of two or more gambling offenses,
· is or has earned his or her principle income from illegal gambling,
· is or has been involved in prostitution or commercialized vice,
· is or has been involved in smuggling illegal aliens into the United States,
· is or has been a habitual drunkard,
· is practicing or has practiced polygamy,
· has willfully failed or refused to support dependents, and
· has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.
An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions.
Any false information on immigration applications can have bad consequences in the future. It is wise to consult with at least a couple of experienced attorneys who understand immigration consequences of any criminal actions. Hire a lawyer who understands you, and you are comfortable and can work with. Roseville attorney Kulvinder Singh has been licensed to practice law in California since 1996. His website is www.singhlawoffice.com and telephone number is (916) 939-5151.