Can I Apply for U.S. Citizenship While on Probation? What You Need to Know

Applying for U.S. citizenship while on probation is a high-stakes decision that demands careful strategy. A probation sentence can directly impact your eligibility, particularly when it comes to demonstrating “good moral character“—a key requirement for naturalization.

Before you submit your application, here’s what you need to know about how probation affects your case, what risks are involved, and how to approach the process with your best foot forward.

The Short Answer: Wait Until Your Probation Ends

The U.S. immigration system has a clear rule regarding probation and naturalization: You cannot be approved for U.S. citizenship while you are on probation, parole, or under a suspended sentence. This rule comes directly from U.S. Citizenship and Immigration Services (USCIS) regulations and has no exceptions.

USCIS will either:

• Postpone a decision on your application until your probation is completed, or
• Ask you to reapply (submit a new N-400 application) after your probation ends

Even for minor offenses, USCIS will not approve your naturalization application while you remain on probation. This is a non-negotiable requirement that applies to all applicants.

Good Moral Character and the Statutory Period

Beyond the specific rule about probation, every naturalization applicant must demonstrate “good moral character” (GMC) during what’s called the statutory period—typically five years before filing (or three years for those married to U.S. citizens).

Being on probation during this statutory period doesn’t automatically disqualify you from establishing good moral character. However, it will certainly be considered in USCIS’s overall assessment of your character.

How Long After Probation Can I Apply for Citizenship?

The timing of your citizenship application after completing probation depends on several factors:

1. Type of Conviction

Some criminal convictions create permanent bars to citizenship, such as:

• Murder
• Aggravated felony (if convicted after November 29, 1990)

Other convictions create temporary bars that require you to wait until you can demonstrate the required period of good moral character (typically five years, or three years if married to a U.S. citizen). These include:

• Crimes involving moral turpitude (such as fraud or theft)
• Spending 180 days or more in jail for any crime
• Drug-related offenses (except a single offense involving 30 grams or less of marijuana)
• Two or more crimes with a combined sentence of five years or more

2. Calculating Your Waiting Period

The waiting period after probation depends on:

• The nature of your offense
• Whether it falls within the statutory period
• Your immigration status (permanent resident married to a U.S. citizen or not)

Let’s look at an example:

Example: John became a permanent resident on January 15, 2020. He would normally be eligible to apply for citizenship on January 15, 2025 (after five years). However, in March 2022, John was convicted of a misdemeanor, sentenced to probation for 18 months, and completed it in September 2023.

Because the conviction occurred during the five-year statutory period, John should apply for citizenship after September 2023, but might want to consider waiting until March 2027 (five years after the conviction) to apply for citizenship. This gives him the best chance to demonstrate five years of good moral character.

3. Risk Assessment: More Than Just Eligibility

Even if you’re technically eligible to apply after completing probation, you should consider whether the application might trigger a review of your green card status. Certain criminal convictions not only affect naturalization but could potentially lead to removal proceedings.

The broken U.S. immigration system often puts foreign persons in difficult positions—applying for a benefit might expose issues that could lead to more serious immigration consequences.

Other Criminal History Considerations Beyond Probation

When evaluating how long after probation you can apply for citizenship, consider these additional factors:

Expungements Don’t Erase Immigration Consequences

Many applicants mistakenly believe that expunged convictions don’t need to be disclosed. For immigration purposes, expunged records of conviction still count as convictions. You must disclose all arrests, charges, and convictions—even if they were:

• Expunged
• Sealed
• Dismissed
• Vacated for rehabilitative reasons

Admissions Without Convictions Can Still Cause Problems

Even if you were never convicted of a crime, admitting to certain offenses during your naturalization interview could prevent you from establishing good moral character. This includes admitting to:

• Crimes involving moral turpitude
• Controlled substance violations

Multiple Offenses Have Cumulative Effects

If you have multiple criminal incidents, even if they individually seem minor, USCIS may consider the pattern of behavior in assessing your moral character.

How to Proceed After Probation

If you’ve completed probation and are considering applying for citizenship, follow these steps:

• Obtain certified court dispositions for all arrests, charges, and convictions
• Consult with an immigration attorney who specializes in naturalization with criminal backgrounds
• Be prepared to explain the circumstances surrounding your offense and evidence of rehabilitation
• Wait the appropriate period to demonstrate good moral character
• Gather evidence of positive factors in your life, such as family ties, employment history, community involvement, and payment of taxes

How the Law Office of Lina Baroudi Can Help

Navigating the path to citizenship after criminal issues requires experienced legal guidance. At the Law Office of Lina Baroudi, we provide:

• Comprehensive analysis of your criminal history and its immigration impact
• Strategic timing recommendations for your naturalization application
• Preparation for potential questions about your criminal history
• Documentation of rehabilitation and good moral character
• Legal representation throughout the naturalization process

We understand that good people sometimes make mistakes. A past conviction shouldn’t permanently prevent you from achieving your goal of U.S. citizenship if you’ve demonstrated rehabilitation and meet the legal requirements.

Conclusion

The question “How long after probation can I apply for citizenship?” doesn’t have a simple answer that applies to everyone. While you must wait until your probation is complete before being approved for naturalization, the additional waiting period depends on the specific details of your case.

Rather than risking a premature application that could lead to denial or more serious immigration consequences, consult with an experienced immigration attorney who can evaluate your specific situation and help you determine the best path forward.

If you’re considering applying for U.S. citizenship and have concerns about how your criminal history might affect your application, contact the Law Office of Lina Baroudi today for a consultation. We’ll help you navigate this challenging area of immigration law and develop a strategy tailored to your circumstances.