What happens if your denied citizenship?

[lissa04 3]

Hi there,

I have seen a few articles lately in regards to being denied citizenship. So what happens if you are denied? Do they start deportation proceedings against you? What may be some of the reasons one may be denied? I know I can't apply till December of this year but I thought I would ask the question. At the interview what kinds of questions do they ask you? What should one expect?Thanks

Lissa

[diadromous mermaid 36]

Hi there,

I have seen a few articles lately in regards to being denied citizenship. So what happens if you are denied? Do they start deportation proceedings against you? What may be some of the reasons one may be denied? I know I can't apply till December of this year but I thought I would ask the question. At the interview what kinds of questions do they ask you? What should one expect?Thanks

Lissa

If you are denied citizenship it doesn't necessarily mean that your permanent residence is in jeopardy. People are denied for not having really been eligible, not having a valid marriage (if applying on the expedite track), not having paid taxes to the US, not having maintained continuous presence or having something in their recent past that places their moral character in question etc. There are cases where an applicant is denied due to subversive affiliations, and other deportable crimes, of course, but that is not common.

Edited April 24, 2008 by diadromous mermaid

[sparkofcreation 0]

Also, even if your permanent residence *were* in jeopardy, the first step would be a *rescission* hearing (as in, a hearing on whether or not to rescind your status) and only if you lost that would removal proceedings then be started.

[lucyrich 20]

Yep, it depends entirely on why you are denied.

If you are denied because of not passing the English or Civics test, for example, no problem. It doesn't place your permanent residency in jeopardy. Likewise if they determine that you simply applied before you met the continuous residence or physical presence requirements. You could apply for citizenship again once you met the requirements.

If you are denied because they find you committed a deportable offense, then you have a problem not only with your citizenship but with your permanent residence.

[Jenn! 918]

I read that you have two chances at the test before they will deny your application. So what happens then? Can you apply again at some point?

[diadromous mermaid 36]

I read that you have two chances at the test before they will deny your application. So what happens then? Can you apply again at some point?

Yes, but you would be required to submit a new application.

How many attempts do I get to pass the citizenship interview?

If you fail the exam, you get a second attempt. If you fail the second time, you must submit a new application including the fee.

If I fail the interview once, how long does my case stay open for the second try? USCIS will give you the next appointment date, if you cannot make it to that second appointment, you must send USCIS a copy of your N-445 along with a letter explaining why you cannot make it to your appointment. You will then receive a new appointment date.

What is a Second Interview?

You need to have a second interview if:

You did not pass the English exam.

You did not pass the U.S. History and Government Test.

USCIS needs more information.

The process for the second interview is as follows:

Will be 90 days after your first interview.

Will repeat the exams that you did not pass.

You can bring an attorney.

You will have 30 days to present any missing documents.

[Jenn! 918]

I'm hoping we won't have to worry about it, but just in case!

Thanks, DM!