Legal Consequences of Imprisonment in the US and Path to Citizenship

Imprisonment in the United States has significant legal consequences, particularly concerning citizenship status. Upon release from a 20-year prison term, the path to obtaining US citizenship is often fraught with challenges.

Deportation Upon Release

Contrary to popular belief, imprisonment does not automatically lead to citizenship, especially if you are not a citizen before your conviction. Most non-citizens are deported upon release. This process typically involves:

Transport by bus to Immigration and Customs Enforcement (ICE) offices, Temporarily residing at an ICE detention facility, and Being transferred to your home country or another willing nation.

After deportation, local authorities in your home country may apprehend you and hold you for offenses committed prior to your departure, even if those offenses are not criminal in your home country.

Imprisonment and Citizenship Attempts

During your time in prison, you might attempt to file for citizenship. However, being convicted of a felony and incarcerated significantly lessens your chances of gaining American citizenship.

Despite these odds, you can still apply for citizenship, but your applications will likely be denied due to the nature of your conviction and the requirement for good moral character, which may be compromised during incarceration.

Exceptional Circumstances for Citizenship

There are, however, exceptions to deportation and denaturalization for individuals who were US citizens before their conviction. These exceptions include:

Denaturalization for Material Misrepresentations

A US citizen, naturalized or by birth, may face denaturalization and deportation if they provided false information during the naturalization process. The lack of a statute of limitations for such actions means you could be stripped of your citizenship at any point, even after many years of living in the US.

For instance, if you were convicted of killing a man from your home country who was residing in the US. The prosecution found that you killed the man due to his intent to expose your involvement in torture and the killing of his parents as part of a group seeking to overthrow their government. If you had lied about these activities in your application, you could face denaturalization and deportation.

Denaturalization for Expatriating Acts

In addition to material misrepresentations, a US citizen can also be denaturalized and deported for an "expatriating act," which occurs when a citizen renounces their citizenship or performs acts that result in their loss of citizenship under US law.

Conclusion

While the path to citizenship post-incarceration is challenging, it is not impossible. Understanding the legal implications of both imprisonment and citizenship can inform decisions regarding your future applications and legal status.

Consulting with a legal professional specializing in immigration law can provide valuable guidance on navigating these complex issues appropriately.