[ad_1]
U.S. citizenship is probably the best profit any immigrant can obtain. It’s usually the top of an extended journey over a few years and plenty of miles. Over 2.2 million everlasting residents have naturalized as U.S. residents previously three years.
Nonetheless, throughout the identical interval, over 240,000 everlasting residents had their Type N-400, Software for Naturalization, denied. In reality, the variety of denials elevated in each quarter of fiscal yr 2021. The denial fee held regular; USCIS denies roughly 9.5 p.c of all purposes. There are lots of causes for this. We’ve compiled an inventory of the 5 widespread causes for a continuation or denial of a Type N-400 utility.
It’s necessary to know that by submitting N-400, the applicant is inviting U.S. Citizenship and Immigration Providers (USCIS) to totally evaluation the immigrant’s complete case file another time. There will be dangers related to this. USCIS could uncover one thing it didn’t discover earlier than. Subsequently, it’s worthwhile to know the place different candidates have run into bother. When you consider one of many following eventualities could have an effect on you, converse to an immigration legal professional earlier than submitting Type N-400.
5 widespread causes for a continuation or denial of a Type N-400, Software for Naturalization, embrace:
REASON |
Failed the English and/or Civics ChecksWhen you fail the English and/or civics check in your preliminary interview, USCIS will schedule you to return again for an additional interview inside 60 to 90 days days of your first interview. USCIS will solely retest you on the a part of the check that you just failed. Nonetheless, USCIS will deny your N-400 type when you fail the check(s) a second time. Most individuals cross the assessments. In case your English isn’t sturdy, make the most of the flash playing cards and research instruments on Find out how to Put together for the Citizenship Take a look at & Interview. It is usually useful to totally evaluation your personal Software for Naturalization (N-400). The USCIS officer will probably ask you about your solutions. Be capable of clarify your solutions. So apply with a buddy or member of the family in case your English abilities want some work. The regulation additionally gives three exemptions when taking the English portion of the naturalization check for candidates who:
If you wish to declare an exemption based mostly on a incapacity, you’ll need to file USCIS Type N-648, Medical Certification for Incapacity Exceptions, together with your Type N-400. A licensed medical physician or licensed scientific psychologist should signal the certification. |
REASON |
Prison Historical pastWhen making use of for naturalization, USCIS will acquire your biometrics and run a felony background verify. However USCIS can also be to know you probably have dedicated a criminal offense in different nations as effectively. These components contribute to assembly the nice ethical character requirement. Some crimes will completely bar a everlasting resident from U.S. citizenship whereas different crimes create a brief bar. You probably have ever been convicted of a homicide or aggravated felony, you’ll probably be completely denied U.S. citizenship. These are computerized bars, that means the USCIS officer has no discretion within the matter. Aggravated felonies in immigration regulation will be outlined considerably in another way than they’re by state courts. The immigration definition of aggravated felony can contains crimes that may shock you, together with some that different courts could classify as misdemeanors. For instance, any crime of violence, or theft or housebreaking that resulted in a jail time period of 1 yr or extra can be thought-about an aggravated felony. Quantity 12, Chapter 4 of the USCIS Coverage Handbook describes everlasting bars to the nice ethical character requirement. However, some crimes make an applicant briefly ineligible for U.S. citizenship. Most often, the applicant can wait a required variety of years — sometimes 5 years or three years for candidates married to and dwelling with a U.S. citizen — earlier than reapplying for naturalization. Nonetheless the crime will nonetheless be reviewed by the USCIS officer, and the officer has the discretion to decide if the applicant meets the nice ethical character requirement. Quantity 12, Chapter 5 of the USCIS Coverage Handbook describes these conditional bars to the nice ethical character requirement. You probably have ever been arrested, converse with an skilled immigration legal professional earlier than submitting Type N-400, Software for Naturalization. You may’t keep away from the issue. A felony historical past will catch as much as you even if you wish to stay a everlasting resident. (Learn Renewing a Inexperienced Card After an Arrest.) Seek the advice of with an skilled legal professional that may assist evaluation your document and probably assist with post-conviction aid. |
REASON |
Failure to Meet Steady Residence and Bodily Presence NecessitiesAs a everlasting resident, you’re free to journey exterior america and go to household in your house nation. In case your objective is to turn out to be a U.S. citizen, you will need to perceive the continual residence and bodily presence necessities. Steady residence signifies that the applicant has maintained residence inside america for a specified time frame. Journey exterior america can disrupt your steady residence. It is best to keep away from any journeys overseas of six months or longer. Bodily presence signifies that the applicant has been bodily current inside america for a specified time frame over the earlier 5 years. Usually, you have to be have 30 months of bodily presence within the U.S. earlier than making use of for naturalized citizenship. There are exceptions for candidates married to U.S. residents and people working for the U.S. authorities abroad. For a extra full clarification of those ideas, learn Steady Residence and Bodily Presence Necessities. |
CitizenPath Ensures USCIS Will Approve Your N-400
While you put together your N-400 on CitizenPath, we offer easy, step-by-step directions and alerts that will help you keep away from pricey delays. We even assure USCIS will approve your utility. No bank card is required to begin.
REASON |
Failure to Meet Monetary ObligationsMany People, together with everlasting residents, are experiencing monetary issues which have resulted in foreclosures, chapter, and unpaid money owed. The excellent news is that debt alone shouldn’t be a bar to naturalization. Nonetheless, there are some monetary points that have an effect on the ethical character requirement and will intrude together with your potential to naturalize as a U.S. citizen. Failure to pay taxes is a typical motive to have a Type N-400 denied. When you let USCIS discover this drawback, you’ll probably be denied citizenship. Contact an immigration legal professional and tax adviser that may provide help to develop a plan to pay the taxes and exhibit to USCIS that you just’re fixing the issue. By addressing the issue, most individuals can proceed the naturalization course of and keep away from an N-400 denial. One other widespread challenge for N-400 candidates is the willful failure to help dependents. If an applicant for naturalization has a minor little one or youngsters who don’t stay with the applicant, it’s essential to show that the applicant is offering enough monetary help. If there’s a courtroom order of help, it’s necessary to have proof of compliance with that order. An applicant that fails to make well timed little one help funds might have the Type N-400 denied. |
REASON |
Fraud and Mendacity to USCISIf USCIS believes that your reply to a query is misleading or unfaithful, your Software for Naturalization can be delayed and may very well be denied. It doesn’t matter if the error was harmless. You will need to be sure that your utility for naturalization is true and correct when filed. If the data is tough to acquire and you can not acquire it (e.g. journey historical past), it’s essential to make an affordable effort to seek out the reply. Through the naturalization course of, USCIS will evaluation your historical past. If the officer determines {that a} inexperienced card was issued (even a few years earlier than) in a fraudulent method, citizenship could also be denied. Likewise, different conditions (new or outdated) that put the applicant’s good ethical character in query will maintain up the method. Be trustworthy together with your solutions. When you really feel that an trustworthy reply could create an issue with naturalization, that’s a great indicator that it is advisable to converse to an legal professional earlier than submitting Type N-400. |
Type N-400 Denied Primarily based on Selective Service
Male candidates could also be stunned to study that failing to register for Selective Service can create a significant challenge when submitting Type N-400, Software for Naturalization. Males between the ages of 18 and 26 are anticipated to register for the Selective Service and supply proof for the needs of naturalizing as a U.S. citizen. Failing to register will be grounds for denying an utility for naturalization.
RECOMMENDED: Failing to Register for Selective Service
Request for Listening to after N-400 Denial
If USCIS determines it is advisable to present extra paperwork or proof, you might be given Type N-14, Request for Further Info, Paperwork or Varieties. You will want to offer the extra documentation requested to proceed the naturalization course of.
In case your N-400 was denied and you’re feeling that USCIS was fallacious to disclaim you citizenship, you might request a listening to with a USCIS officer. Your denial letter will clarify learn how to request a listening to and can embrace the shape you want. The shape for submitting an attraction is the N-336, Request for Listening to on a Resolution in Naturalization Proceedings. You will need to file the shape with USCIS, together with the right payment, inside 30 days after you obtain a denial letter.
About CitizenPath
CitizenPath helps N-400 candidates keep away from these issues.
CitizenPath gives easy, reasonably priced, step-by-step steerage via USCIS immigration purposes. People, attorneys and non-profits use the service on desktop or cell machine to arrange immigration types precisely, avoiding pricey delays. CitizenPath permits customers to attempt the service at no cost and gives a 100% money-back assure that USCIS will approve the appliance or petition. We offer help for the Inexperienced Card Renewal (Type I-90), Citizenship Software (Type N-400), and a number of other different immigration packages.
Observe to Reader: This put up was initially printed on Could 2, 2017, and has been modified with enhancements.
[ad_2]
Source link