U.S. citizenship is the highest benefit available under U.S. immigration laws, and therefore not always easy to obtain. For people seeking citizenship through naturalization (as opposed to automatic citizenship through a parent), the process starts simply enough, by filling out Form N-400 -- but is fundamentally more complex than just filling out the form. There are a number of criteria that must be met and a number of reasons citizenship can be denied.
Learn more about:
Qualifying for Citizenship
To be eligible for citizenship, you must:
- Be age 18 or older
- Have been a lawful permanent resident for at least 5 years, or for at least 3 years if you've been married to and living with a U.S. citizen all that time
- Have lived in the state where you'll submit your application for citizenship for at least 3 months
- Have lived continuously in the U.S. since having been approved for permanent residence (that is, without having spent stretches of more than six months' time outside the U.S. or abandoned your residence here)
- Have been physically present in the United States for at least half of the 5- or 3-year residency period
- Have good moral character
- Be able to speak, read, and write English
- Be able to pass a test covering U.S. history and government
- Be willing to affirm loyalty to the U.S. and serve in its military if called to do so.
Grounds for Denial of Citizenship
A person's inability to meet any of the eligibility criteria above can lead to citizenship being denied.
Five Years as a Lawful Permanent Resident
Although it's easy to breeze past the lawful permanent residence requirement, this is an important one to get right. You're allowed to submit your N-400 (learn more: Timeline for Filing an N-400 Application) up to 90 days before you've reached your 5 (or 3) years with a green card, but no earlier. If you get the date wrong, your citizenship won't actually be denied -- it's just that USCIS will return the whole application to you and you'll need to re-file it.
A more serious issue comes up in cases where you didn't deserve permanent residence in the first place. Applying for citizenship gives USCIS a chance to review your entire file. It looks for evidence of fraud, such as people who got their green card as the unmarried child of a U.S. citizen but had secretly married beforehand, or those who entered into a sham marriage to get a green card. In such a case, not only would your citizenship application be denied, you would likely be sent to immigration court for removal proceedings and possibly stripped of your green card.
Inability to Speak English
Being unable to speak, read, or write English is a common reason citizenship is denied. If you think you might face this problem, it's worth checking whether you might take advantage of a waiver. The following categories of people can have the citizenship interview and exam done in their native language, if requested on the N-400 application form:
- A 50-year or older person with 20 years of permanent residence. (This is often called the "50/20 waiver").
- A 55-year or older person with 15 years of permanent residence. (The "55/15 waiver").
- Someone who is unable to learn English for reasons of a physical or mental disability. (This requires presenting a medical waiver filled out and signed by a doctor).
Failing the U.S. History and Government Test
The history and government test isn't mysterious -- all 100 possible questions are posted on the USCIS website, under "Study Materials for the Civics Test." Nevertheless, plenty of people fail this test.
Exceptions are available here, too, as follows:
- People who are 65 years of age or older, with at least 20 years of permanent residence, can take a modified version of the test, with fewer quesitons (but you'll need to request this along with your N-400).
- People who are physically or mentally disabled may be able to avoid the citizenship test or have it done in their native language. (This requires presenting a medical waiver filled out and signed by a doctor).
Lack of Good Moral Character
Another common ground for denial of citizenship is lack of good moral character. This denial usually comes when the individual applying for naturalization has a minor criminal record, which is often revealed within the fingerprint check. 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. In the worst-case scenario, the person might face removal proceedings.
Learn more: 10 things you will be asked about at your naturalization interview.
What to Do If You're Denied
If you're unable to pass the English exam or the history and government test, you'll automatically be given a second chance. USCIS will call you back for a second interview within 90 days of the first one.
If you still fail, or were denied for some other reason, there is an appeal process. However, the simplest route for most people is to not bother with the appeal, but to deal with the underlying issue that led to the denial (if possible), and then re-file for citizenship.
Although re-filing will take several months, this time can be well spent, for example learning English or developing proof of your good moral character (and putting any negative incidents further into your past). Some ways to show good moral character include getting involved in volunteer and community activities, faithfully supporting a family and children, obtaining letters of reference from employers and others, and taking part in training or rehabilitation efforts if you were guilty of a crime.
