Form N-400 Denied for 5 Common Reasons

Failed the English and/or Civics Exams

Should you fail the English and/or civics take a look at in your preliminary interview, USCIS will schedule you to come back 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 take a look at that you simply failed. Nevertheless, USCIS will deny your N-400 type for those who fail the take a look at(s) a second time.

Most individuals move the assessments. In case your English isn’t robust, benefit from the flash playing cards and examine instruments on Easy methods to Put together for the Citizenship Take a look at & Interview. Additionally it is useful to completely evaluate your individual Software for Naturalization (N-400). The USCIS officer will almost definitely ask you about your solutions. Have the ability to clarify your solutions. So follow with a good friend or member of the family in case your English expertise want some work.

The legislation additionally gives three exemptions when taking the English portion of the naturalization take a look at for candidates who:

• are age 50+ and have been everlasting residents for at the very least 20 years;
• are age 55+ with not fewer than 15 years of everlasting residence; or
• have a psychological or bodily incapacity that stops them from studying English.

If you wish to declare an exemption primarily based on a incapacity, you will want to file USCIS Type N-648, Medical Certification for Incapacity Exceptions, along with your Type N-400. A licensed medical physician or licensed scientific psychologist should signal the certification.

Legal Historical past

When making use of for naturalization, USCIS will receive your biometrics and run a felony background verify. However USCIS can also be to know you probably have dedicated against the law in different nations as nicely. These components contribute to assembly the great ethical character requirement. Some crimes will completely bar a everlasting resident from U.S. citizenship whereas different crimes create a short lived bar.

When you have ever been convicted of a homicide or aggravated felony, you’ll almost definitely 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 legislation may be outlined considerably otherwise than they’re by state courts. The immigration definition of aggravated felony can consists of crimes that may shock you, together with some that different courts might classify as misdemeanors. For instance, any crime of violence, or theft or housebreaking that resulted in a jail time period of 1 12 months or extra can be thought of an aggravated felony. Quantity 12, Chapter 4 of the USCIS Coverage Guide describes everlasting bars to the great ethical character requirement.

Then again, 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 residing with a U.S. citizen — earlier than reapplying for naturalization. Nevertheless the crime will nonetheless be reviewed by the USCIS officer, and the officer has the discretion to decide if the applicant meets the great ethical character requirement. Quantity 12, Chapter 5 of the USCIS Coverage Guide describes these conditional bars to the great ethical character requirement.

When you have ever been arrested, communicate 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 evaluate your report and doubtlessly assist with post-conviction aid.

Failure to Meet Steady Residence and Bodily Presence Necessities

As a everlasting resident, you’re free to journey outdoors america and go to household in your house nation. In case your objective is to turn out to be a U.S. citizen, it is very important perceive the continual residence and bodily presence necessities.

Steady residence implies that the applicant has maintained residence inside america for a specified time frame. Journey outdoors america can disrupt your steady residence. You must keep away from any journeys overseas of six months or longer.

Bodily presence implies 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.

Failure to Meet Monetary Obligations

Many Individuals, 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 will not be a bar to naturalization. Nevertheless, there are some monetary points that have an effect on the ethical character requirement and will intrude along with your means to naturalize as a U.S. citizen.

Failure to pay taxes is a standard motive to have a Type N-400 denied. Should you let USCIS discover this downside, you’ll seemingly be denied citizenship. Contact an immigration legal professional and tax adviser that may enable you develop a plan to pay the taxes and display to USCIS that you simply’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 difficulty for N-400 candidates is the willful failure to assist dependents. If an applicant for naturalization has a minor baby or kids who don’t reside with the applicant, it’s essential to show that the applicant is offering sufficient monetary assist. If there’s a courtroom order of assist, it’s essential to have proof of compliance with that order. An applicant that fails to make well timed baby assist funds may have the Type N-400 denied.

Fraud and Mendacity to USCIS

If USCIS believes that your reply to a query is misleading or unfaithful, your Software for Naturalization can be delayed and might be denied. It doesn’t matter if the error was harmless. You will need to ensure that your software for naturalization is true and correct when filed. If the knowledge is troublesome to acquire and you can’t receive it (e.g. journey historical past), it’s essential to make an inexpensive effort to search out the reply.

In the course of the naturalization course of, USCIS will evaluate 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 along with your solutions. Should you really feel that an trustworthy reply might create an issue with naturalization, that’s a superb indicator that it is advisable to communicate to an legal professional earlier than submitting Type N-400.