Pacifica Legal Services | Floyd Fernandez
Your husband will be subjected to a possibility of deportation if, upon re-entry into the USA, an electronic background check on his biometric ID turns up the felony conviction. But it is not necessarily going to be the case, unless Border & Customs agents find that Immigration & Customs Enforcement has initiated proceedings to deport him. If he has not notified CIS of any change of address, that situation may exist. It is almost certain to do so on his citizenship application, unless, his felony is not an aggravated felony or a crime involving moral turpitude. Aggravated felonies are typically those involving murder, kidnapping, domestic violence, or drugs. Crimes involving moral turpitude include drug offenses and theft, along with prostitution. If your husband falls within them, there may be a problem, and I would not apply for citizenship.
Answer Applies to: California