Four Reasons Citizenship Is Denied

Naturalization allows someone from another country to get the benefits and rights of a U.S. citizen. People can immigrate to the United States for employment, through family connections, humanitarian reasons, or other immigration programs. To become a citizen, foreign nationals have to go through the naturalization process, including meeting all the legal requirements.

Not everyone can become a citizen. There are several reasons why your application for citizenship in the United States may be denied. An immigration attorney can explain the requirements for citizenship and how to avoid common problems that lead to denial. Talk to a local citizenship immigration lawyer for legal advice.

Requirements for Citizenship and Common Reasons for Denial

There are many requirements for United States citizenship, depending on your path to naturalization. The first step for most people is to get lawful permanent residency (green card holder). To apply for citizenship, you need continuous residence in the U.S. for at least five years at the time of application. Foreign spouses of U.S. citizens need three years of continuous residence.

Fill out USCIS form N-400 Application for Naturalization. Submit the required documents and filing fees. USCIS will arrange an appointment for fingerprints and biometrics. USCIS will also do a background check to review your criminal history and see if you present a security threat.

The citizenship test and interview are the last steps before taking the oath of allegiance. The interview includes a basic English language and U.S. history and civics test. If you pass all the tests and meet the eligibility requirements, you will take the oath to become a United States citizen.

However, anything from a simple error to something that happened in your past can be enough to deny your application for citizenship. The following are some common reasons why USCIS denies U.S. citizenship applications.

Unpaid Taxes

If the U.S. Citizenship and Immigration Services (USCIS) discovers you owe back income taxes, they can deny your application. However, if you show that you are making an effort to pay what you owe, this will be a point in your favor. If you owe taxes and want to apply for citizenship, contact the Internal Revenue Service (IRS). You can set up a payment plan to pay off your debt and remain in good standing.

Child Support

You may need documentation to show you are paying for child support. If there is a written agreement or court order stating how much you must pay, send a copy of the agreement or order.

Also, send evidence of checks or deposits to the account of the parent who has custody of your child. If you pay in cash, have the other parent sign a receipt. The important thing is to have proof that you are up to date with your child support obligations.

If you are behind in paying child support, USCIS can deny your naturalization claim. However, if you show that you are making efforts to catch up on your payments, your application may be granted.

Selective Service

Males between the ages of 18 and 25 must register with the Selective Service System if they are residing in the U.S., with some exceptions such as those on valid non-immigrant visas. When submitting your application, it will ask for your Selective Service number. There are consequences of not registering before your 26th birthday, depending on your age.

• Men under 26 years of age: The person is still in time to register and fulfill the obligation. You must register before submitting your application.
• Men between 26 and 31 years old: The general rule is that the citizenship application will be denied. The exception is that the applicant must show their failure to register was unintentional.
• Men over 31 years of age: The application will not be denied for failure to register with the Selective Service.

Good Moral Character

Applicants for citizenship must demonstrate that they are of good moral character. The general rule of thumb is that USCIS will look at the person’s actions five years prior to the application. However, when the lack of moral character seems severe, USCIS may consider past conduct, such as:

• Criminal record: Applicants who have committed serious crimes, such as violent crimes, drug crimes, or other serious crimes, cannot become naturalized. Some misdemeanors considered crimes of moral turpitude can also lead to denial of citizenship.
• Dishonesty: If the immigration officer discovers that the applicant lied in their application or interview, the application will be denied.

The term “good moral character” is broad. USCIS may believe that the following behaviors also demonstrate a lack of good moral character:

• Crimes with the intention of harming a person, including causing injury to another person, or cases of domestic violence
• Crimes against the government involving fraud or malicious intent, like tax fraud or identity theft
• Drug offenses
• Habitual drunkenness
• Prostitution
• Polygamy
• Lying to get immigration benefits
• Time in prison for more than 180 days
• Terrorist acts
• Persecuting other people because of their race, religion, national origin, political opinion, or social group

If you think you might need additional help based on any of the above information, working with an immigration lawyer can make all the difference. The U.S. government can change immigration laws at any time. An immigration lawyer can explain the most up-to-date requirements for citizenship and help you through the application process. Contact an experienced immigration attorney if your citizenship claim was denied.