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Immigration Blog

5 Reasons Your Citizenship Application Could be Denied

Applications for U.S. citizenship are denied or delayed each year. Even if you have a visa and have been a law-abiding citizen of the country for years, you could face deportation and a denied application for something very simple. It is best to fill out an application with the assistance of an immigration attorney, but also it is important to understand the five common reasons an application is denied—and see if you can avoid one of these denials.

Also Read : What Does an Immigration Attorney Do?

Eligibility Issues

In order to qualify for naturalization, you must be at least 18 years old. But, you must also live in the United States for five years (continuously) and be present in the U.S., without travel, for the last thirty months of your five-year period before filling out the application. It isn’t enough to just say you have been in the U.S.—you have to prove it through work records, statements, etc.

English Proficiency

You will not be approved for naturalization if you do not have a proficient understanding of English. During your interview, you will be asked a series of questions, which are created to measure your English proficiency. If you fail the proficiency exam, then you may be denied; therefore, it is important to ensure you understand the English language and thoroughly prepare for your interview.

Incomplete Applications

Sometimes you meet all of the qualifications, but you filled out the application inaccurately or left out key information; thus, resulting in your denial or delay. It is imperative you have an immigration attorney or other professional assist you with these applications to avoid this.

Moral Character

You must be classified as “good moral character” to qualify for naturalization. Often this is determined by the U.S. Immigration official reviewing your criminal record and character references. Even an arrest (without conviction) for a crime could result in a denial of your application.

Refused to Register for Selective Service

If you are a male between the age of 18 and 26 years, you are required to register for Selective Service as part of your naturalization application. If you refuse to register, the U.S. Immigration Office may deny your application. You may qualify for refusal if you have a qualifying disability, but this is something you should consult an immigration attorney over first.

Were You Denied? You Still Have Hope

Even if you were denied or your naturalization application was delayed, you have a chance for approval. You need the assistance of a naturalization attorney to help you correct any errors and prove your eligibility to the U.S. Immigration Office.

Contact the Podskarbi Law Office for a consultation regarding your naturalization application now.

How Do I Become A Naturalized U.S. Citizen?

If you are not a US citizen by birth or did not acquire citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process.

If you are are 18 years and older, you use the ” Application for Naturalization” (Form N-400) to become naturalized.

If you acquired citizenship from parent(s) while under 18 years of age use the “Application for a Certificate of Citizenship” (Form N-600) to document your naturalization.

If you are an adopted child who acquired citizenship from your parent(s) use the “Application for a Certificate of Citizenship on Behalf of an Adopted Child” (Form N-643) to document your naturalization.

Crucial Steps in Obtaining Naturalization

Receiving your naturalization certificate will require more than having to wait a long period of time. Besides filling out applications, submitting documents and waiting for an approval, there is one very important last step.

That is taking the Oath of Allegiance to the United States of America. Afterwards you will receive the long awaited naturalization certification.

Be sure that before you participate in the oath ceremony or you will disqualify yourself from getting your U.S. citizenship.

Stipulated Wait Time

When your oath ceremony will take place is dependent on the location where you live and the district the ceremony is scheduled. In some cases the oath ceremony can happen immediately after you have been approved at your interview or it can be months later.

The longer you wait the more prone you are to having some changes in your life; these changes can affect your eligibility for naturalization.

USCIS Will Find Out About the Changes

There is a Notice of Naturalization Oath Ceremony (Form N-445) that will be issued to you at the end of your interview or in the mail. Do not lose this important document.

In this application will be listed documents necessary for the oath ceremony and a questionnaire that must be completed. The answers you insert will dictate whether you will receive your naturalization certificate.

Answering “yes” to any of the listed questions will demand a thorough explanation on your behalf to the USCIS officer at the oath ceremony.

Then a decision will be made whether you should stay for the oath ceremony or you must be sent home and mail additional evidence to substantiate your answer or endure other consequences.

USCIS officer’s expect honest answers. If you are in doubt about disclosing a felony or misdemeanor you committed during your waiting time, consult with an immigration attorney.

Releasing such information is better than giving false information. If it is found later on that you lied you could be charged with fraud and prosecuted to the fullest extent of the U.S. immigration law. You would also be in danger of losing your U.S. citizenship.

When it comes to preparing yourself for the oath ceremony you stand a better chance at properly filling up the Form N-445 with the assistance of an expert immigration attorney.

Do not delay in calling The Podskarbi Law Office at 800-809-2010.

US Immigration Cases are on the Rise

Recently the Department of Justice released stats that told a sad story. This story was that the U.S. Immigration Court has seen more cases in the first half of 2017 than they did during the entire 2016 year.

Take for example this outrageous case. In 2014, a Guatemalan immigrant and his son crossed to the United States through Mexico. They entered the United States under the asylum process, even though the father had been previously deported. The father, was picked up by police for a misdemeanor crime unrelated to his immigration case, the misdemeanor charge has been dismissed. However, due to his father’s deportation the son, who is only 15 years old is now a ward of the DHHS and the court is trying to determine where he should live. Since his father’s deportation he has stayed with a friend of his father and his uncle. It will be up to the court to decide where his long term placement will be.

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