For many immigrants, the pursuit of U.S. citizenship represents the culmination of years of hard work, dedication, and the realization of the American Dream. However, the journey towards citizenship is not always smooth, and applicants may encounter hurdles along the way. One such obstacle is the denial of a citizenship application by the U.S. Citizenship and Immigration Services (USCIS). In this blog, we will explore the various reasons why citizenship applications are denied, the potential consequences of such denials on green card status, and the options available for applicants facing this situation.
Why Was My Citizenship Denied?
Understanding the reasons behind a citizenship denial is crucial for applicants seeking to address any issues and reapply successfully in the future. Here are some common reasons for citizenship denial:
- Not Passing The English and Civics Test
The English and Civics Test is a significant component of the naturalization process. It assesses an applicant’s knowledge of English language proficiency and understanding of U.S. history, government, and civic principles. Failing to meet the required standards in this test can result in the denial of a citizenship application.
- Failing To Show Continuous Residence In The US for Five Years
To qualify for citizenship, applicants must demonstrate a period of continuous residence in the United States for at least five years preceding the application. Any significant interruptions or prolonged absences from the country may raise concerns and lead to a denial.
- Not Having a Clean Record
USCIS requires applicants to demonstrate good moral character, which includes having no history of criminal activity or involvement in unlawful behavior. Serious criminal offenses, such as felony convictions, can not only lead to citizenship denial but also jeopardize an applicant’s permanent residency status.
Will I Be Deported After a Denial?
The prospect of deportation is a significant concern for many applicants facing a citizenship denial. However, in most cases, a denial does not automatically result in deportation. If the reasons for denial are related to issues such as failing tests or minor legal infractions, the applicant typically retains their green card status.
However, if USCIS discovers evidence of fraud in obtaining a green card or questions the applicant’s eligibility for permanent residency, deportation proceedings may be initiated. It’s essential to consult with an immigration attorney to assess the specific circumstances of your case and understand your rights and options.
Can I Appeal a Citizenship Denial?
Yes, applicants have the right to appeal a citizenship denial within 30 days of receiving the decision. The appeal process involves requesting an administrative review and hearing with a new immigration officer. Applicants must submit Form N-336 and additional supporting documents and pay the required filing fee.
During the appeal process, the new immigration officer will review the case, consider any new evidence presented, and may allow the applicant to retake tests if applicable. Ultimately, the officer will either uphold the denial or approve citizenship based on the merits of the case.
What Happens to My Green Card?
A denied citizenship application typically does not impact an applicant’s green card status unless there are issues such as fraud or abandonment of residency. USCIS may conduct a comprehensive review of an applicant’s immigration history and recent activities, potentially affecting their green card.
Applicants must consult with an experienced immigration attorney to assess their situation accurately and understand any potential implications for their green card status. By seeking the help of an immigration lawyer, applicants can navigate the complexities of the immigration system and explore options for addressing citizenship denials.
Talk to an Immigration Attorney
Navigating the immigration process, especially after a citizenship denial, can be challenging and daunting. At 360 Immigration Law Group, we understand the complexities of immigration law and are dedicated to providing personalized support and expert guidance to our clients.
Whether you’re in Coconut Creek, Pompano Beach, Boca Raton, Tamarac, Parkland, Deerfield Beach, Sunrise, Oakland Park, Fort Lauderdale, and Plantation, our team offers complimentary consultations in multiple languages to help you understand your rights and options. Contact us today to take the first step towards securing your future with confidence.