If I Was Convicted of Disorderly Conduct (NYPL § 240.20), Can I Still Naturalize and Become a U.S. Citizen?

For immigrants seeking to become U.S. citizens through the process of naturalization, demonstrating good moral character is an essential requirement. It's a key element of the eligibility criteria, as U.S. Citizenship and Immigration Services (USCIS) seeks to consider individuals for naturalization who are law-abiding and also uphold the values of the United States. One common concern among applicants with certain convictions is whether these convictions could jeopardize their chances of naturalization. This blog post aims to address this concern specifically in the context of disorderly conduct convictions under New York Penal Law § 240.20.

UNDERSTANDING THE GOOD MORAL CHARACTER REQUIREMENT

To qualify for naturalization, applicants must satisfy a range of eligibility requirements, one of which is the demonstration of good moral character. USCIS assesses an applicant's moral character based on their behavior and adherence to the law during the statutory period leading up to their naturalization application. Typically, this period covers the five years immediately preceding the application, although the statutory period may be reduced to only three years for spouses of U.S. citizens. USCIS is essentially looking to your conduct and if you have any criminal convictions, quasi-criminal offenses or other violations on your record that could disqualify you from naturalizing.

For a more in-depth discussion of good moral character, check out our four-part blog series on good moral character and naturalization: (1) Absolute Bars to Showing Good Moral Character; (2) Conditional Bars to Showing Good Moral Character; (3) Bars Applicable Absent Extenuating Circumstances; and (4) the Catch-All Provision.

DISORDERLY CONDUCT CONVICTION UNDER NEW YORK PENAL LAW § 240.20

Disorderly conduct is a relatively common charge in New York. It's defined under New York Penal Law § 240.20 as engaging in behavior that disrupts the public peace or endangers public safety. The offense may involve a wide range of activities, from engaging in fights to causing a public disturbance. Under New York law, disorderly conduct is generally classified as a violation, not a misdemeanor or felony.

EFFECT OF DISORDERLY CONDUCT CONVICTIONS ON NATURALIZATION

The good news for those with disorderly conduct convictions is that such convictions under New York Penal Law § 240.20 do not typically have a negative impact on an applicant's ability to naturalize. Disorderly conduct is generally considered a minor offense, and it has not been categorized as a crime of moral turpitude or an aggravated felony. Accordingly, this offense alone will not likely be a basis for denying your naturalization application.

You should remember, however, that while disorderly conduct may not be a barrier to naturalization, you are still required to disclose your complete criminal history during the application process. Being honest about your criminal history is essential, as concealing or misrepresenting this information can lead to serious consequences, including the denial of your application or worse, referral to ICE for the initiation of removal proceedings.

CONCLUSION

In summary, if you have a disorderly conduct conviction under New York Penal Law § 240.20, it is unlikely to adversely affect your naturalization application with regards to the good moral character requirement. However, it's crucial to consult with an immigration attorney who can provide personalized guidance and ensure that all aspects of your application are in order. Honesty and full disclosure of your criminal history are paramount when pursuing naturalization.

If you are interested in filing a naturalization petition and have concerns over your criminal history, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to work with you to assess your situation and if eligible, aid in applying for the benefits you are seeking. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.