Understanding the Consequences of Citizenship Denial in America

Immigrants seeking American citizenship often face a complex process. One of the key concerns is the possibility of being denied citizenship, which can have severe implications. This guide explores the different outcomes of a denial, based on whether it is administrative or due to disqualifying reasons.

Administrative Denials: Understanding Continuous and Physical Presence Requirements

When an application for naturalization is denied for administrative reasons, such as failing the civics or language portions, or for failing to maintain continuous and physical presence in the United States, the result is typically that the applicant remains a permanent resident. The individual retains their legal status as a permanent resident and can continue living in the U.S. until they meet the eligibility criteria for naturalization. This status is crucial as it is the prerequisite to even applying for citizenship.

Deportation and Removal Proceedings for Disqualifying Conduct

For those who do not meet the requirements due to conduct or misrepresentation, the consequences can be much more severe. Disqualifying misconduct can lead to the beginning of removal proceedings, where the individual is stripped of their permanent resident status and potentially deported for life.

Common reasons for disqualification and deportation include:

Lying on the N-400 form or registering to vote in a U.S. election even if no voting took place. Representing oneself as a U.S. citizen when not convicted of a crime. Failure to take the Oath of Allegiance and defend the principles of the U.S. Constitution. Unfortunately, serious criminal convictions or convictions of crimes that make one removable from the United States.

In such cases, the individual's permanent resident status can be revoked, leading to deportation.

Appealing a Denial of an N-400 Application

Applicants who believe they have been wrongly denied N-400 status can seek a remedy. First, they must file a Form N-336 within 30 days of the denial, requesting a hearing from the United States Citizenship and Immigration Services (USCIS) on the grounds for denial. If the N-336 is also denied, an appeal can be brought to the federal district court under the Immigration and Nationality Act (INA) Section 310.

Some denials are straightforward and clearly erroneous, such as a mistake in the applicant's date of foreign divorce. However, denials based on factors like "lack of good moral character" resulting from a criminal record or tax evasion can be more challenging to overcome.

Richard Vaughan’s Insights on Naturalization Denials

“Naturalization requests may be denied on the grounds that you failed English proficiency, failed the civics test, or simply did not meet certain prerequisites. In these cases, you can remain in the country as a permanent resident. However, other reasons such as the discovery of a criminal record, tax evasion, or false information on the application will most likely result in deportation.”

-- Richard Vaughan

As Richard Vaughan highlights, failing to meet certain administrative requirements, such as language proficiency, civics knowledge, or residency requirements, can result in a denial, but does not automatically lead to deportation. On the other hand, when a denial is due to a disqualifying act, such as a criminal conviction or false information, deportation is a likely outcome.

It is important to note that in cases of criminal activity, individuals may be handed over to the appropriate local authorities in the U.S. or returned to their home country's police force, especially if they are inadmissible or removable due to criminal grounds.