Cancellation of Green Card After Citizenship Denial

Applying for U.S. citizenship is a significant decision, but it can carry risks, especially if issues arise during the naturalization process. One such concern is whether a denied citizenship application could result in the cancellation of a green card and potential deportation. While this is uncommon, it can happen under specific circumstances.

Impact of Citizenship Denial on Green Card Holders

In most cases, a denial of citizenship does not jeopardize the applicant’s green card status. Common reasons for denial, such as failing the English or civics tests or not meeting continuous residence requirements, typically do not affect the individual’s lawful permanent resident (LPR) status.

• Testing and Reapplication:
  If an applicant fails the citizenship tests or encounters minor issues, they may be given another chance to retake the test or correct the problem.
• Retention of Green Card:
  Unless the reason for denial highlights ineligibility for the green card, the applicant can retain their LPR status and may reapply for citizenship later.

Circumstances Leading to Green Card Loss

Certain situations can result in the cancellation of a green card following a citizenship application denial. These are usually linked to findings of fraud, abandonment of residency, or criminal activity.

1. Green Card Fraud

If USCIS discovers during its review that the green card was obtained fraudulently, the applicant may face deportation. Examples include:

• Marriage Fraud: Entering into a sham marriage for the purpose of obtaining immigration benefits.
• Misrepresentation: Providing false or incomplete information in the green card application.

2. Abandonment of U.S. Residency

Maintaining a continuous residence in the U.S. is a key requirement for both green card holders and citizenship applicants. Issues may arise if:

• The applicant spent extended periods (six months or more) outside the U.S.
• The applicant demonstrated an intent to establish a primary residence in another country.

3. Criminal Activity

Crimes committed by an applicant, whether in the U.S. or abroad, can lead to deportation. Examples include:

• Crimes of moral turpitude.
• Drug offenses (other than a single incident of marijuana possession under 30 grams).
• Crimes that fall under the aggravated felonies category in the Immigration and Nationality Act (INA).

Grounds of Inadmissibility and Risks

When a green card holder returns to the U.S. after extended travel or legal trouble abroad, they might unknowingly become inadmissible. If this inadmissibility is discovered during the citizenship process, it could lead to deportation.

Key Grounds of Inadmissibility:

• Criminal Convictions: Certain crimes committed abroad may render a green card holder inadmissible.
• Health Issues: Public health concerns, such as communicable diseases, can also create grounds for inadmissibility.
• Improper Reentry: If Customs and Border Protection (CBP) allowed reentry despite grounds of inadmissibility, USCIS may still revoke the green card upon discovery.

Common Scenarios of Green Card Loss

1. Discovery of Past Fraud:
   • Example: Misstated facts or omitted information in the original green card application.
2. Extended Absences:
   • Spending more than six months abroad without a valid explanation or evidence of intent to maintain U.S. residency.
3. Evidence of Criminal Activity:
   • Any criminal activity revealed during the naturalization process can lead to a loss of status.
4. Discovering Inadmissibility During Reentry:
   • Past inadmissibility at the port of entry, even if overlooked by CBP, may result in deportation if found later.

How to Mitigate Risks

Green card holders should carefully evaluate their situation before applying for citizenship. Steps to reduce potential risks include:

• Consulting an Immigration Attorney:
  An attorney can review the individual’s file and assess potential issues before applying for citizenship.
• Documenting Residency:
  Evidence such as property ownership, tax returns, and U.S.-based employment can help prove continuous residence.
• Avoiding Extended Travel:
  Ensure trips outside the U.S. are under six months or have justifiable reasons for longer absences.
• Being Honest and Transparent:
  Accurately report all details in citizenship applications to avoid accusations of misrepresentation or fraud.

While it is rare for a citizenship denial to lead to the loss of a green card, applicants must be aware of the risks. Fraud, abandonment of residency, or criminal activity can jeopardize both naturalization prospects and LPR status. Green card holders should approach the naturalization process with diligence and seek professional guidance to address potential issues before applying. By taking these precautions, applicants can minimize risks and ensure a smoother path toward U.S. citizenship.