The journey toward U.S. citizenship is filled with hope and high stakes. You’ve followed the rules, built a life here, and are ready to take the final step. Receiving a notice of denial can feel devastating, but it’s important to know that it’s not always the end of the road. Many denials happen for reasons that can be addressed or avoided with careful preparation. Exploring the common reasons for a citizenship denial can empower you with the knowledge to face the process with confidence.
Key Takeaways for Why Citizenship is Denied
- A citizenship application can be denied for several reasons, including issues with establishing good moral character or mistakes on the application forms.
- Failing the English or civics test is a direct cause for denial, though applicants often have a second opportunity to pass.
- Continuous residence and physical presence requirements are strict, and extended trips outside the U.S. can lead to a denial.
- Certain criminal records, even for minor offenses, can impact the good moral character determination and result in the denial of a naturalization application.
- An applicant has the right to appeal a denial or, in many cases, reapply for citizenship once the disqualifying issue has been resolved.
Understanding the "Good Moral Character" Requirement
One of the most significant and sometimes confusing reasons for citizenship denial is the failure to prove “good moral character.” This is a legal standard that U.S. Citizenship and Immigration Services (USCIS) uses to evaluate your conduct. While it sounds subjective, USCIS has specific guidelines it follows. The agency will look at your behavior during the statutory period—typically the five years before you apply for naturalization (or three years for spouses of U.S. citizens).
Certain actions are considered automatic bars to establishing good moral character. However, many other situations fall into a gray area where a USCIS officer has the discretion to make a judgment.
Common issues that can negatively affect the good moral character determination include:
- A criminal record: This includes not just serious felonies but also certain misdemeanors. Things like theft, driving under the influence (DUI), or domestic disputes can raise serious red flags.
- Providing false testimony: Lying during any part of the immigration process, especially during your citizenship interview, is a serious issue that will almost certainly lead to a denial.
- Failure to support dependents: If you have a court order to pay child support and have failed to do so, this can be seen as a lack of good moral character.
It is crucial to be completely honest about your past, as USCIS will conduct a thorough background check. An experienced immigration attorney can help you understand how your specific history might be viewed and how to present your case properly.
Mistakes and Inconsistencies on Your N-400 Application
The Form N-400, Application for Naturalization, is a long and detailed document. Simple mistakes or omissions can lead to delays or even a citizenship denial. USCIS requires absolute accuracy. Any information you provide must be consistent with what you’ve submitted on previous immigration applications for green cards, visas, or asylum.
Inconsistencies often arise in a few key areas:
- Dates of travel: You must list every single trip you’ve taken outside the U.S. since becoming a permanent resident. Forgetting a trip or getting the dates wrong can create suspicion.
- Marital history: You must disclose all prior marriages for both you and your current spouse. Hiding a previous marriage, even if it was brief or happened long ago, can be considered fraud.
- Addresses and employment: Your history of where you’ve lived and worked must be complete and accurate for the last five years.
These may seem like small details, but to an immigration officer, they can suggest that you are either being careless or intentionally hiding something. It’s always better to be thorough and transparent from the very beginning.
Failing the English and Civics Tests
To become a U.S. citizen, most applicants must demonstrate a basic understanding of the English language and a knowledge of U.S. history and government (civics). The citizenship test is a standard part of the naturalization interview.
- The English Test: This involves reading, writing, and speaking basic English. You will be asked to read and write a sentence and answer questions from the officer.
- The Civics Test: You will be asked up to 10 questions from a list of 100 possible questions. You must answer at least six correctly to pass. You can find the official study materials on the USCIS Citizenship Resource Center.
If you fail either part of the test, USCIS will give you one more opportunity to take it. If you fail a second time, your application will be denied. However, this is considered a denial "without prejudice," which means you can reapply for citizenship as soon as you feel ready to pass the tests.
Issues with Continuous Residence and Physical Presence
To be eligible for naturalization, you must show that you have lived in the U.S. continuously. USCIS looks at two key requirements:
- Continuous Residence: You must have resided continuously in the U.S. for five years (or three, if married to a U.S. citizen) before applying. A trip outside the U.S. that lasts for more than six months but less than a year may disrupt your continuous residence unless you can prove you maintained ties to the U.S.
- Physical Presence: You must have been physically present in the U.S. for at least half of that five-year (or three-year) period.
Trips abroad that last for a year or longer will automatically break your continuous residence. If you have spent significant time outside the country, it is vital to document the reasons for your travel and your efforts to maintain your home in the United States.
FAQs: Common Reasons for Citizenship Denial
Here are answers to some frequently asked questions about why a citizenship application might be denied.
Can I reapply for citizenship if my application is denied?
In many cases, yes. If your denial was for a reason that can be fixed, such as failing the civics test or not meeting the physical presence requirement, you can often reapply once you meet the eligibility criteria. If the denial was based on a more serious issue like a criminal conviction, the path to reapplying might be more complex.
Will having debt or bad credit lead to a citizenship denial?
Generally, having debt from credit cards or a mortgage will not, by itself, result in a citizenship denial. However, if your debt is related to a failure to pay taxes or court-ordered child support, it could be used to argue that you lack good moral character.
What if I made an honest mistake on my N-400 application?
If you realize you made a mistake after submitting your application, you should bring it to the attention of the USCIS officer during your interview. Being upfront about an honest error is much better than having the officer discover it, which could lead them to believe you were intentionally hiding information.
How does a minor traffic ticket affect my application?
A single, minor traffic ticket (like a speeding ticket) is usually not a problem, as long as you paid the fine. However, you must disclose it on your application. More serious traffic-related offenses, such as a DUI or reckless driving, can absolutely impact your good moral character determination and lead to a denial.
Let Us Help Protect Your Path to Citizenship
The possibility of a citizenship denial can be stressful and frightening. At Ragheb Law PLLC, we understand what is at stake for you and your family. Caroline Ragheb, an attorney who has personally been through the immigration process, brings a deep level of empathy and dedicated knowledge to every case.
If you are concerned about potential issues with your application or have received a denial, we are here to help. Contact Ragheb Law PLLC today at (813) 938-0209 or through our online form for a consultation to discuss your situation and learn how we can help protect your future in the United States.