Once you meet certain legal requirements, you may be eligible to become a United States citizen. First, you must go through a legal process involving the United States Customs and Immigration Services. Approval of your application and subsequent naturalization is never guaranteed. There are various reasons why the USCIS may reject your application.
You should hire an immigration lawyer to give you the best chance of success in the process and ultimately becoming a United States Citizen. An immigration attorney can assess your eligibility and advise you what to expect from the application process. They can handle all paperwork for you and provide valuable advice on your path to citizenship.
Requirements for United States Citizenship
You may be eligible for United States citizenship if you are 18 years old and have been present in the United States for at least five years. If you are a green card holder, you may be eligible for citizenship within three years after entering the United States. Other special circumstances may allow you to apply for citizenship within a reduced amount of time.
Other requirements for citizenship include:
- You have not taken any trips abroad that lasted six months or more during your waiting period
- You must have lived in the state where you are applying for citizenship at least three months prior to applying
- You are of good moral character
- You have passed a citizenship test
- You can register for selective service if you are between the ages of 18 and 25
The requirement for good moral character is often an issue in citizenship applications. These requirements can be relatively vague and can be interpreted broadly by USCIS when denying your petition. To be clear, not everyone with a criminal record is automatically barred from becoming a United States citizen. However, crimes of moral turpitude may be grounds for rejecting your petition. These are offenses that call your moral character into question. Both the gravity of an offense and the possible number of convictions can be enough for you to be denied citizenship. Often, appeals may come down to whether USCIS has validly concluded that you do not have good moral character.
How Does the Citizenship Process Work?
You can expect the citizenship process to take six to nine months from beginning to end, so you must be prepared to be patient while your application is pending. In addition, you must be diligent in preparing your petition because any paperwork issues can cause inordinate delays in the process.
You can get an early start on the application process. You can file 90 days before the end of your waiting period so your petition can get on the docket and be considered once an officer can review it.
There are certain security requirements that you must fulfill as part of the process. For example, you must go to the local USCIS office to have your fingerprints taken. In addition, you must attend a citizenship interview with a USCIS officer who may ask questions about various parts of your application. They can question you about a possible criminal record or the circumstances in which you entered the United States. Finally, you must also take and pass a citizenship exam with questions that test your knowledge of the United States and its history.
Why Your Citizenship Application May Be Denied
Remember that just because you are legally in the United States does not mean that your citizenship application will automatically be approved. You still need to go through an entire process, and the USCIS will still review your application closely. It is even possible that they will deny your application.
Some reasons why your citizenship application may be denied include:
- You may not meet the requirements for citizenship.
- The USCIS deems you to be a security risk, whether it is because of national security concerns or the fact that you have a criminal record.
- You may be alleged to have committed immigration violations during the process.
- You may be accused of having defrauded the government or failing to make good on your financial obligations, such as taxes.
- You did not pass the citizenship test.
You Are Still Entitled to Due Process
Even though you are not yet a United States citizen, you are still entitled to due process under the law. If the USCIS denies your citizenship application, you may go through the appeals process for further review of the decision.
To appeal the denial of your citizenship, you will file a Form N-336, which is a request for a hearing. You must file this form within 30 days of the denial, or you risk losing your right to an appeal. Once you file this form, the appeals process will be set in motion.
You will have a hearing scheduled by the USCIS within 180 days of filing the form. You will have your chance to present your own case and evidence to a supervisor, who will review the initial decision that the initial hearing officer made. There is a chance that you can get the denial of your application reversed during this appeal. If your appeal is unsuccessful, you can take your case to the federal court system, beginning with the district court. Your appeal will be heard on a de novo basis, and the judge will not give any deference to the decision made in the administrative process.
Hire an Immigration Attorney Early in the Process
Ultimately, you want to put your best foot forward in your initial application to the USCIS because you do not want to go through the hassle of having your petition denied or any other administrative hurdles. You should consider hiring an immigration lawyer to assist you with your initial application because the petition process can be very technical. Your immigration lawyer can prepare the petition, giving you advice along the way to ensure that you have an effective application. You should certainly hire an immigration attorney if your petition was denied, so they can advocate for you in the appeals process.