To be disqualified from naturalization, there must be a conviction of a crime of moral turpitude?
Not necessarily, to qualify for naturalization you must meet all of the requirements. If you fail to meet one such as the good moral character requirement it will be denied. Take your convictions and immigration history to an attorney to evaluate whether you should apply for naturalization. My firm handles these types of cases.
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I agree with my colleague. You can get denied for several reasons like not meeting physical presence, voting etc. If you specifically want to know about a crime committed or convicted for it is best to have an attorney review the record of conviction BEFORE you send in the Natz. application
The conviction per se is not necessary if you fail to establish good moral character. However, the conviction is an evidence of lack of good moral character. Per INA Statute:
Good moral character should be determined on a case-by-case basis. Section 101(f) of the Act and 8 CFR 316.10 specifically provide that certain criminal conduct precludes a finding of good moral character. Section 101(f) also provides that an applicant may lack good moral character for reasons other than those described in 101(f)(1) – (f)(8). The courts have held that good moral character means character which measures up to the standards of average citizens of the community in which the applicant resides. Any conduct or acts which offend the accepted moral character standards of the community in which the applica nt resides should be considered, without regard to whether the applicant has been arrested or convicted
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Even without any record of conviction, there are also some non-criminal bars to Good Moral Character that will impact a naturalization case, such as failure to pay court-ordered child support. You should consult with a well-qualified immigration attorney before filing an N-400, as your entire US history comes up for review in this context, and not just your immigration status or criminal matters - marital history, payment of taxes, etc.
This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship.
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