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10 Barriers That Can Prevent Citizenship By Naturalization

Posted on in Immigration

New Canaan naturalization lawyerAfter overcoming many hurdles to achieve your status as a Lawful Permanent Resident (LPR) of the United States and accumulating the required time—usually five years, you may be interested in applying for U.S. citizenship by naturalization. This can be a difficult step for some people, as it means giving up your loyalty to your old country in order to take up your new role as an American citizen. However, it is necessary if you want to enjoy all of the benefits of citizenship, such as freedom from the risk of deportation in all but the rarest of circumstances. 

If you are planning to become a U.S. citizen, there is just one more step to take before contacting an immigration lawyer and preparing your application for naturalization. You must make sure there are no remaining barriers that could cause your application for naturalization to be denied.

Checklist: 10 Reasons Naturalization Could Be Denied 

  1. Being unable to speak, read, and write basic English, unless you qualify for an age or disability exception.
  2. Being unable to demonstrate required knowledge of American civics, unless you qualify for a disability exception.
  3. Being unwilling to take the Oath of Allegiance to the United States. To become a citizen, you must renounce your allegiance to any other nation and swear your sole loyalty to the USA. You must also promise to support and defend the Constitution and the laws of the United States and to serve the country in military or non-military service when required.
  4. Failing to continuously maintain a permanent residence in the US for the required minimum time period (usually five years) since obtaining Lawful Permanent Resident status. This includes:
    • Taking a trip out of the U.S. that lasted for more than six months (more than 181 days) but less than one year (less than 365 days) and not being able to provide proof that the U.S. remained your permanent residence during that time.
    • Taking a trip out of the U.S. that lasted for one year or more since becoming a Lawful Permanent Resident and not meeting USCIS requirements for maintaining LPR status.
  5. Failing to meet the standard of “good moral character” during the required period of permanent residence. USCIS may also, at its discretion, consider your conduct prior to becoming a LPR. In addition to USCIS review of information provided on your application, the FBI will run your name and fingerprints against law enforcement databases. The definition of good moral character specifically excludes these categories of people (partial list):
    • Habitual drunkards
    • People who are currently on parole, probation, or suspended sentence for a criminal offense
    • People who have been incarcerated for 180 days or more
    • People who have admitted to or been convicted of prostitution or drug trafficking (other than a single offense of simple possession of 30 grams or less of marijuana)
    • People who have at any time in their life been convicted of an aggravated felony, such as murder, rape, child pornography, or another crime for which the court imposed a sentence of imprisonment for one year or more
  6. Failing to file a U.S. tax return and pay federal taxes owed. Certified copies of your tax returns for each year of the required LPR period must be provided as part of your application for naturalization.
  7. Failing to financially support your minor children who do not live with you.
  8. Failing to register with the Selective Service System if you are a male who lived in the U.S. during ages 18 to 25.
  9. Being a member of or associated with any totalitarian political party or terrorist organization.
  10. Committing immigration fraud; that is, willfully misrepresenting or concealing a material fact in order to obtain an immigration benefit. Examples of immigration fraud include:
    • Lying or omitting material facts on both written applications and oral interviews related to immigration
    • Entering into a fraudulent marriage
    • Falsely claiming US citizenship on an I-9 form to obtain employment

Consult a Stamford, CT Naturalization Attorney

When you are ready to take your final step toward citizenship and apply for naturalization, consult an experienced Fairfield County citizenship and naturalization lawyer. Gonzalez Law Office, LLC will review all possible barriers to your naturalization with you to ensure that your path to citizenship is as smooth as possible. Contact us at 203-323-1440. 

Sources:

https://www.uscis.gov/sites/default/files/files/article/M-476.pdf

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101/0-0-0-434.html#0-0-0-1191

Fairfield County Bar Association Connecticut Bar Association American Immigration Lawyers Association Connecticut American Immigration Lawyers Association
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