Grounds for Denial of Citizenship

Individuals who apply for citizenship thinking that as long as the forms are filled out correctly everything should go smoothly could be in for a surprise. There are a number of criteria that must be met before an individual even attempts to achieve citizenship, and even once those are met, there are number of reasons citizenship can be denied.

Qualifying for Citizenship

To be eligible for citizenship an individual must:

• Be 18 or older
• Have been a resident for 5 years, or married to a resident for 3
• Have lived in the state where the request for citizenship was filed for at least 3 months
• Have been in the US since the petition was filed
• Physically present in the United States for half of the 5 or 3 year residency
• Have good moral character

Grounds for Denial of Citizenship

The inability to speak English is a common reason citizenship is denied. There are exceptions-a 20-year resident who is 50 years of age or older, or a 15-year resident who is 55 years of age or older, can gain citizenship without the ability to speak English. They're tested in their native language. Additionally, those with the inability to learn English for medical reasons can gain citizenship if they present a medical waiver.

The other most common grounds for denial of citizenship is lack of good moral character. This denial usually comes when the individual applying for citizenship or naturalization has a minor criminal record. If the individual is on probation at the time, for instance, or if a crime has ever been committed by the individual that involves "moral turpitude" the application for naturalization will most likely be denied.

When the denial of citizenship is based on lack of moral character, sometimes the application can be reconsidered with no extra fees required. Applicants who have committed certain serious crimes cannot have their applications reconsidered for at least 3 to 5 years, while some crimes will prevent citizenship for life, depending on their severity. Those who have been convicted of an aggravated felony, for instance, will often be denied citizenship permanently.

But those who are denied based on lack of good moral character because of minor crimes can re-file for another chance at gaining citizenship. Because moral character must be decided on a case by case basis, it's not an exact science. The evidence considered will include the number of convictions, the seriousness of the crime or crimes, any and all crimes committed, and the time frame of the criminal activity. These are weighed against factors work history, volunteer and community involvement, history of supporting a family and children, any letters of reference, and evidence of rehabilitation since the crimes were committed.