Risks of Applying for U.S. Citizenship

While obtaining U.S. citizenship can offer numerous benefits, the application process is not without risks. For green card holders considering naturalization, understanding these risks is essential. USCIS conducts a thorough review of the applicant’s immigration history, personal conduct, and compliance with U.S. laws. Any discrepancies or red flags could result in not only the denial of citizenship but also the revocation of legal permanent resident (LPR) status, potentially leading to removal proceedings.

USCIS Review Process

When a green card holder applies for citizenship, USCIS evaluates their entire immigration file. This includes reviewing:

• How the green card was obtained.
• Compliance with immigration laws.
• Criminal records or any evidence of misconduct.

USCIS may also conduct fingerprinting and background checks, including inquiries in foreign countries.

Key Risks to Consider

Criminal Records and Good Moral Character

Applicants must demonstrate good moral character, a critical requirement for naturalization. A criminal record can severely impact this determination.

• Certain crimes may not only bar naturalization but also lead to green card revocation and removal proceedings.
• Drug-related offenses are particularly scrutinized. Even without a conviction, evidence of substance abuse can be grounds for deportation. The only exception is a single incident involving marijuana possession of 30 grams or less.
• Lying about past drug use or criminal activity can further jeopardize an application.

Fraud in Green Card Applications

Applying for citizenship triggers a review of the applicant’s green card acquisition. Fraudulent actions, even unintentional, may result in serious consequences:

• Marriage-based Green Cards: USCIS may scrutinize whether the marriage was genuine and conducted in good faith. Any indication of fraud could lead to deportation.
• Employment-based Green Cards: If the sponsoring employer violated rules, such as failing to conduct a good-faith search for U.S. workers or mismanaging wage compliance, the applicant’s green card may be at risk.

Ineligibility and Deportation

Applicants whose naturalization is denied due to underlying issues with their green card may face deportation. Common reasons include:

• Fraudulent green card acquisition.
• Committing certain crimes that disqualify them from LPR status.
• Abandoning U.S. residence, which demonstrates a lack of intent to maintain LPR status.

Risks Related to Travel Outside the U.S.

Green card holders who spend prolonged periods abroad may face scrutiny during the citizenship process.

• Trips Over Six Months: USCIS may determine that such trips indicate an abandonment of U.S. residence. Applicants must provide evidence showing they maintained ties to the U.S. and did not establish a primary residence in another country.
• Even long-past trips are subject to review, and findings of abandonment can result in both a denial of citizenship and removal proceedings.

Political Membership and Ideological Concerns

USCIS may deny naturalization if it finds evidence of membership in or advocacy for a totalitarian or Communist party.

• Such affiliations conflict with the democratic and constitutional principles required for U.S. citizenship.
• While denial of citizenship on this basis is more common, deportation is less likely unless other violations are discovered.

Seeking Legal Guidance

Given the potential risks of applying for U.S. citizenship, consulting with an experienced immigration lawyer is highly advisable. A lawyer can help evaluate:

• The impact of any criminal record on your application.
• The validity and compliance of your green card acquisition.
• Your eligibility for citizenship based on USCIS requirements.

Applying for U.S. citizenship is a significant step that requires careful consideration of potential risks. A thorough understanding of USCIS procedures, combined with professional legal advice, can help mitigate these risks. By addressing any issues proactively, green card holders can approach the naturalization process with greater confidence and clarity.