Becoming a U.S. citizen is a major milestone, but if you’ve had past immigration violations, you may be wondering if applying make things worse?
The answer depends on your specific history. In some cases, applying for naturalization can trigger a deeper review of your past and put your current legal status at risk. In others, it’s entirely possible to move forward, but only with the right legal strategy.
What Counts as an Immigration Violation?
Past immigration violations can include:
- Overstaying a visa
- Entering the U.S. without inspection
- Lying to immigration officials (fraud or misrepresentation)
- Working without authorization
- Deportation or removal orders (even if later reversed)
- Failing to depart under a voluntary departure order
Each of these can affect your eligibility for naturalization, and in some cases, lead to denial, removal proceedings, or even loss of your green card.
The Risk: USCIS Will Review Your Entire History
When you apply for U.S. citizenship (Form N-400), U.S. Citizenship and Immigration Services (USCIS) will review your entire immigration record. Even if your past violation was years ago or already “resolved,” applying for naturalization puts it back on the table.
You could be denied. In more serious cases, you could be referred for deportation.
When It May Be Safe to Apply
You might still be eligible for citizenship if:
- Your violation was minor (e.g., working without authorization before obtaining your green card)
- You received a waiver or legal forgiveness for a past issue
- It has been many years since the violation, and you’ve demonstrated “good moral character” since
But this is not a decision to make on your own.
Why You Must Speak With an Immigration Attorney First
If you have any history of immigration violations, consult a qualified immigration attorney before filing your citizenship application. An experienced lawyer can:
- Review your entire record
- Identify hidden risks
- Determine whether it’s better to wait, file for a waiver, or avoid applying altogether
- Help you gather the right evidence and documentation
How We Can Help
At Jensen Bagnato, P.C., we’ve helped clients across Philadelphia and South Jersey navigate complex citizenship applications, especially when prior violations are involved. We treat your case with discretion, urgency, and a full understanding of how USCIS thinks.
Considering naturalization but unsure about your past? Don’t risk your green card. Call us for a confidential consultation, en español, too.