Q: I had a insurance fraud case 17 years ago, Can I apply for the citizenship?

A: Perhaps, but it is also possible that the conviction renders you deportable from the United States and applying for citizenship would be a bad idea. Depending on the date that you were admitted as a lawful permanent resident, the date of the conviction, and the rest of your complete criminal history, a fraud conviction could make you deportable for having been convicted of a crime involving moral turpitude. Also, if there was loss to the victim of more than $10,000.00 it might qualify as an aggravated felony. You should consult with an immigration attorney that is well-versed in the immigration consequences of criminal convictions before taking any action to apply for U.S. citizenship because applying could potentially jeopardize your residency.

A: A conviction for insurance fraud can be considered a crime involving moral turpitude (CIMT) under U.S. immigration law. When applying for citizenship, there is a statutory period during which good moral character is assessed, typically the 5 years immediately preceding the application (or 3 years if married to a U.S. citizen). If your case was 17 years ago, it falls outside this statutory period. However, USCIS can consider your entire record when determining moral character. While the conviction might not automatically bar you from naturalization, it's essential to disclose it on your application. It would be prudent to gather documentation showing rehabilitation or other positive factors since the incident. Engaging an immigration attorney can provide clarity and assistance in presenting your case effectively.