Refusal to naturalize can result in deprivation of a green card and deportation: when this happens
If you have been a permanent resident for the required number of years, you may be considering applying for US citizenship. However, you may have heard stories of people who were not only denied citizenship, but also deported home. In what cases your green card can be canceled, the publication said Nolo.
In most cases, the reasons why the United States Citizenship and Immigration Services (USCIS) will refuse to apply for citizenship have nothing to do with a person's basic right to a green card and, therefore, will not lead to deportation.
But there are times when you should carefully study your immigration history and consult a lawyer if in doubt.
Situations where refusal to obtain US citizenship will not lead to deportation
It is quite possible to be refused citizenship and immediately return to permanent resident status. If, for example, the person did not pass the English exam or the US government and history exam; cannot show that he has permanently resided in the United States for the required number of years; applies too early or is otherwise not eligible for citizenship. The usual result is that USCIS will simply deny the application and the person will return to their old life.
In fact, if the reason for not passing the first interview is because a person has not passed the test in either English or US Government and History, USCIS will give that person a second chance and schedule an additional interview if naturalization is not approved at the first USCIS interview.
The applicant was not eligible for a green card
If USCIS discovers during the verification that the applicant was initially not eligible for a green card, then USCIS can not only refuse citizenship, but also initiate a deportation case.
On the subject: Five reasons why a permanent resident of the United States may lose a green card
This is most likely to happen if the applicant committed fraud in obtaining a green card.
Risk of deportation
If USCIS finds that an applicant has spent significant time outside the United States and appears to have completely abandoned U.S. residency or has committed a crime that would make the person subject to deportation from the United States, then not only may that person be denied citizenship, but their may be sent to immigration court for deportation proceedings.
There is also a lesser known problem that can arise when someone spends 180 days or more outside the United States, or does something illegal while traveling abroad, but still entered the United States.
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For example, the person may have tried to smuggle drugs, or have been charged with one of a variety of crimes (before or after leaving the United States), or contracted an infectious disease of public health importance. And the border guard simply did not notice this and let the person through, although the inadmissibility was supposed to prevent this entry. This situation is the basis for deportation.
Contact an attorney if there is a possibility that any of these grounds for denial of US citizenship may apply to you, or if you have additional questions or concerns about your case.
Read also on ForumDaily:
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From Application to Oath: 10 Essential Steps in the U.S. Naturalization Process
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