Risks and Considerations for Asylees and Refugees Applying for Citizenship

If you received a green card after coming to the U.S. as an asylee or refugee, you may eventually decide to apply for U.S. citizenship. However, this process carries certain risks. USCIS will conduct a thorough review of your immigration history, including your asylum claim, and it’s essential to be aware of these risks to avoid unintentionally harming your future application.

USCIS will specifically check whether the basis of your asylum application was legitimate. This means that the information in your naturalization application should align with the grounds on which you were granted asylum. For example, if you sought asylum based on persecution due to your religion, but later you practice a different religion, USCIS may become suspicious. However, such a change does not automatically indicate bad faith, and you may be able to explain the change in circumstances. If this applies to you, it is advisable to provide a letter of explanation, along with strong supporting evidence, to show the change was legitimate.

The Five-Year Residency Requirement

For those applying for citizenship after being granted refugee or asylee status, there are specific residency requirements:

• Refugees can count all the years spent as a refugee toward the five-year residency requirement.
• Asylees, however, can only count one year of their status toward this requirement.

This residency requirement is essential in the naturalization process, and it’s critical to keep track of your status and time spent in the U.S.

Review of Travel History

An applicant for asylum must demonstrate that they fear persecution in their home country. If USCIS finds that you have traveled back to your home country after receiving asylum, they may question whether you still fear persecution. If this is the case for you, it’s important to address this directly by explaining the purpose of your trip. Here’s what you should consider including:

• A letter explaining why you traveled, clarifying that the risk of persecution was still real.
• Details about the precautions you took for your safety during your trip, such as letters from family members or photos that demonstrate these safety measures.
• Country condition reports or news articles that show the situation in your home country has changed, supporting your explanation.

By addressing this proactively, USCIS will be more likely to view your situation in a favorable light.

Inaccuracies on the Application

It’s crucial to ensure there are no discrepancies between your naturalization application and your asylum application. Common inconsistencies might include:

• Listing different relatives than those mentioned in your asylum application.
• Disclosing criminal convictions or arrests that predated your asylum application.
• Listing organizations to which you belong that were not mentioned in your asylum testimony.

If there are discrepancies but you can explain them, it’s important to address them in your application or interview before USCIS brings them up. Proactively providing an explanation will help avoid doubts about the legitimacy of your asylum claim.

Other Issues to Consider

Some other legal concerns could affect your eligibility for citizenship:

• Selective Service Registration: If you were in the U.S. between the ages of 18 and 25, you are required to register with the Selective Service. Failure to do so may not be intentional, but it can hurt your naturalization application.
• Interpol Wanted List: If there’s any possibility that you are listed on the Interpol wanted person list, it’s advisable to consult with an immigration attorney before applying for citizenship. Even if the listing is a mistake, it could complicate your approval process.

By addressing these potential concerns and following the appropriate legal steps, you can improve your chances of a successful U.S. citizenship application.