Dreaming of citizenship? Beware of the common pitfalls that can lead to denial. Let’s dive in and uncover the reasons behind potential setbacks.
For millions eligible for naturalization, obtaining U.S. citizenship is a crucial step in forming a new identity. After enduring long waits and legal challenges, reaching the point of naturalization is a significant achievement that allows immigrants to become more integrated into American society.
Significance of U.S. Citizenship
U.S. citizenship is a highly valued status for immigrants, marking the culmination of years of effort and perseverance. Over the past three years, more than 2.3 million permanent residents have naturalized, though over 340,000 applications (Form N-400) were denied, maintaining a denial rate of approximately 10%. Understanding the common reasons for denials is essential for prospective applicants.
Comprehensive USCIS Review
Filing Form N-400 invites USCIS to review the applicant’s entire immigration history again. This can be risky, as new issues might be uncovered. It’s important to recognize potential problems and consult an immigration attorney before applying if any of the following situations apply.
Common Reasons for Denial or Continuation of Form N-400 Applications
1. Failed English and Civics Tests
• If you fail either the English or civics test during your interview, USCIS will schedule a retest within 60 to 90 days. Failure to pass on the second attempt will result in a denied application.
• Most applicants pass the test, but those with weaker English skills should use study tools and practice their answers. Exemptions from the English test are available for applicants over 50 with 20 years of residence, over 55 with 15 years of residence, or those with qualifying disabilities (Form N-648 required).
2. Criminal History
• USCIS will conduct a criminal background check, including crimes committed abroad. Good moral character is a requirement, and certain crimes can permanently or temporarily bar naturalization.
• Crimes such as murder or aggravated felonies typically result in a permanent bar. Aggravated felonies may include crimes classified as misdemeanors in state courts, such as certain violent crimes, theft, or burglaries with a prison term of one year or more.
• Consult an immigration attorney if you have any criminal history before filing Form N-400.
3. Continuous Residence and Physical Presence Requirements
• Applicants must maintain continuous residence in the U.S. for a specific period and meet physical presence requirements.
• Avoid trips abroad longer than six months, as they can disrupt continuous residence. Generally, applicants need 30 months of physical presence out of the previous five years, with exceptions for those working overseas for the U.S. government.
4. Financial Obligations
• Debt alone does not bar naturalization, but financial issues can impact the moral character requirement.
• Failure to pay taxes is a common reason for denial. Addressing unpaid taxes with a tax adviser and immigration attorney can help continue the naturalization process.
5. Fraud and Lying to USCIS
• Providing false or deceptive answers can delay or deny your application. Ensure all information is accurate and truthful.
• USCIS reviews your history, and any fraudulent green card issuance or other moral character issues may result in denial or revocation of your green card.
Consulting an Attorney
If you encounter any of these issues, it’s crucial to consult an experienced immigration attorney before filing Form N-400. Being proactive and honest in your application increases your chances of a successful naturalization process.
Client Experience
Meet Sophia, a dedicated individual who had long dreamed of becoming a citizen of her adopted country. Filled with hope and determination, Sophia eagerly submitted her citizenship application, only to face the heart-wrenching news of its denial.
Determined not to be deterred, Sophia sought assistance from our experienced immigration team. Upon reviewing her case, we identified common reasons why citizenship applications are denied, such as incomplete documentation and failure to meet residency requirements.
With our guidance, Sophia embarked on a journey of perseverance and resilience. We worked closely with her to address the shortcomings in her initial application, ensuring that all required documentation was complete and accurate. Additionally, we provided guidance on how to strengthen her case, particularly in demonstrating her commitment to upholding the values and responsibilities of citizenship.
Despite the initial setback, Sophia remained steadfast in her pursuit of citizenship. With our support, she submitted a revised application that addressed all concerns raised during the initial review process.
Today, Sophia stands as a proud citizen of her adopted country, the United States, which is a testament to her unwavering determination and the guidance of our immigration team. Her success story serves as an inspiration to others facing similar challenges, demonstrating that with perseverance and expert assistance, even some of the most daunting obstacles can be overcome on the path to citizenship.
Bonus Information
As promised, here’s some bonus information that you may not know about:
f your N-400 application for U.S. citizenship is denied and you believe the decision was incorrect, you have the option to request a hearing with a USCIS officer. The denial letter will provide instructions on how to request this hearing and include the necessary form. To file an appeal, you must complete Form N-336, Request for Hearing on a Decision in Naturalization Proceedings. Ensure you submit this form, along with the required fee, to USCIS within 30 days of receiving the denial letter.
