Reasons Citizenship Applications Get Denied

A citizenship application can be denied by the United States Citizenship and Immigration Services (USCIS) for a number of reasons.  Some reasons may be more obvious (a criminal record), and others may be less clear (failing to demonstrate good moral character). Unfortunately, sometimes, a seemingly minor detail (or lack thereof) can be grounds for the USCIS to deny citizenship. 

Key Takeaways:

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Failing the English and civics tests, having a criminal record, failing to meet continuous residency and physical presence requirements, or failing to demonstrate good moral character can all be grounds for a citizenship application to be denied. 

What are the requirements for citizenship? 

• Having possessed good moral character throughout your life and time in the United States; 
• Held permanent resident status for at least five years, or if based on marriage, you need permanent resident status for three years; 
• Have continuously resided in the U.S. for the last five years, or if based on marriage, three years; 
• Have been physically present in the U.S. for 30 months of the last five years, or if based on marriage, you must have been present for 18 months of the last three years; and 
• Have lived in the state where you are applying for citizenship for at least three months. 

Reasons for Denial? 

I'll lay out a few reasons citizenship applications can be denied and discuss further each basis for denial below. 

1. Criminal Record 

It is important to understand that a criminal record can be a reason your application is denied. The USCIS will review your past criminal history before deciding whether to accept or deny your application. When an applicant faces criminal charges, it is critical to take into account that serious crimes (felonies) may lead to a deportation hearing and the potential for an individual to be deported after applying for citizenship. 

USCIS will run a background check via a biometrics service exam, where your criminal history will be reviewed. Felonious crimes such as murder or other types of aggravated felonies will most likely result in the possibility of permanent denial of citizenship. Some lesser crimes, such as misdemeanors, may have an impact on your application process and can be a reason for denial.  In these situations, you may have to wait before reapplying for citizenship. 

Note that USCIS will review the past five years starting from the date of your citizenship application. Involvement with the criminal legal system in the past five years, even if that encounter occurred in another country, can be concerning to USCIS and lead to citizenship denial. 

2. Failing the English and Civics Tests  

The interview portion of your citizenship application process is a crucial step toward naturalization. As part of the application process, you will take a civics test and participate in a spoken interview with a USCIS examiner. If you fail this interview the first time, you may be allowed to retake the test and/or meet in person for another interview within 60-90 days. If you fail the test or interview the second time, a USCIS officer may then deny your citizenship. 

Thus, it will be best to thoroughly prepare for your interview and exam to ensure that you do not need to retake the test or meet with the USCIS for another interview. 

3. Lack of Demonstrating Good Moral Character  

Perhaps the most complex reason for citizenship denial.  Good moral character is a very broad category that generally refers to legal standing (if you have been convicted of certain crimes). As explained, the USCIS will check your criminal history for the past five years and possibly longer as part of your application process. Minor infractions (public intoxication, assault, etc.) may result in citizenship denial. USCIS has discretion in determining whether a crime reflects a person's good moral character.  Crimes that will be considered grounds for denial are listed below: 

• One or More Crimes Involving Moral Turpitude (CIMTs); INA 101(f)(3); 8 CFR 316.10(b)(2)(i), (iv)  
• Conviction or admission of one or more CIMTs (other than a political offense), except for one petty offense. 
• Generally means conduct that shocks the conscience as inherently base, vile, or depraved, and contrary to the rules of morality.  
• Aggregate Sentence of 5 Years or More; INA 101(f)(3) 8 CFR 316.10(b)(2)(ii), (iv) 
• Conviction of two or more offenses with a combined sentence of 5 years or more (other than a political offense). 
• Controlled Substance Violations; INA 101(f)(3); 8 CFR 316.10(b)(2)(iii), (iv) 
• Violation of any law on controlled substances, except for simple possession of 30g or less of marijuana. 
• Incarceration for 180 Days; INA 101(f)(7); 8 CFR 316.10(b)(2)(v) 
• Incarceration for a total period of 180 days or more, except for a political offense and ensuing confinement abroad. 
• False Testimony under Oath; INA 101(f)(6); 8 CFR 316.10(b)(2)(vi) 
• False testimony for the purpose of obtaining an immigration benefit. 
• Prostitution Offenses; INA 101(f)(3); 8 CFR 316.10(b)(2)(vii) 
• Engaged in prostitution, attempted or procured to import prostitution, or received proceeds from prostitution. 
• Smuggling of a Person; INA 101(f)(3); 8 CFR 316.10(b)(2)(viii) 
• Involved in smuggling of a person to enter or try to enter the United States in violation of law. 
• Polygamy; INA 101(f)(3); 8 CFR 316.10(b)(2)(ix) 
• Practiced or is practicing polygamy (having more than one spouse at the same time). 
• Gambling Offenses; INA 101(f)(4)–(5); 8 CFR 316.10(b)(2)(x)–(xi) 
• Two or more gambling offenses or derives income principally from illegal gambling activities. 
• Habitual Drunkard; INA 101(f)(1); 8 CFR 316.10(b)(2)(xii) 
• Is or was a habitual drunkard. 
• Two or More Convictions for Driving Under the Influence (DUI); INA 101(f) 
• Two or more convictions for driving under the influence during the required time period. 
• Failure to Support Dependents (like child/spousal support) INA 101(f); 8 CFR 316.10(b)(3)(i) 
• Willful failure or refusal to support dependents (unless extenuating circumstances are established). 
• Adultery; INA 101(f); 8 CFR 316.10(b)(3)(ii) 
• Extramarital affair that tends to destroy an existing marriage (unless extenuating circumstances are established). 
• Unlawful Acts; INA 101(f); 8 CFR 316.10(b)(3)(iii) 
• Unlawful acts adversely reflecting upon good moral character (unless extenuating circumstances are established). 

4. Failing to Provide Child Care and Support 

It may come as a surprise; however, if you do not pay child support or alimony (also known as spousal support or maintenance) if you are ordered by a court to do so (whether part of a divorce or custody order), you are generally committing a criminal offense. If you do pay child and/or spousal support, the USCIS may view this as not demonstrating good moral standing. The fact that you are not following a court order and are failing to support your family may be grounds for a USCIS officer to find you lack good moral character.  Thus, if you are ordered to pay child support and/or spousal support, make sure all necessary payments are made on time so that you will not be viewed as failing to pay your court-ordered support. 

5. Failing to Meet Continuous Residency and Physical Presence Requirements 

Another reason for the denial of citizenship is if you have not physically been present in the U.S. for the required amount of time. You must be a continuous resident of the United States before you apply for naturalization.  "Continuous residence" means that the applicant has maintained residence within the United States for the required period of time shown above. In essence, you must be a resident in the United States for a specified amount of time within the past five years or three years if you are a qualified spouse of a United States citizen.  

It is important to note that extended absences outside of the U.S. can disrupt continuous residence. Specifically, absences of more than six months but less than one year may disrupt continuous residence unless you can prove otherwise. Certainly, absences of one year or more can also disrupt your continuous residence time period.  

The exact time period required for a citizen can vary based on your situation and visa; however, regardless of your type of visa, it will be safest if you avoid traveling outside the United States for six months to ensure that you meet the time period requirement.  

For applicants working abroad, Section 316 paragraphs (b), (c), and (f) of the Immigration and Nationality Act provide for certain exceptions to the continuous residence requirement if you work abroad for: 

• The United States government, including the military; 
• Contractors of the United States government; 
• A recognized American institution of research; 
• A public international organization; 
• An organization designated under the International Immunities Act or 
• A denomination or mission that has a bona fide organization in the United States for the purposes of performing ministerial or priestly functions or is engaged as a clergyman or clergywoman, missionary, brother, nun, or sister. 

6. Failing to Pay Taxes 

Similar to paying court-ordered child and/or spousal support, submitting your taxes on time and paying your tax bill in full is essential to ensure your citizenship application is granted.  Proving to the USCIS that you are meeting your financial obligations shows that you are responsible and that you have good moral standing. If you happen to be having some financial difficulties, you should be transparent with USCIS about it to show you are remedying the issue. If you are not upfront and the USCIS discovers your financial problems, the USCIS may deny your citizenship. 

7. Forgetting Selective Service Registration 

Something that is often not on an applicant's radar when applying for citizenship is failing to register for the United States Selective Service. Registration for the Selective Service is mandatory if you are a man between the ages of 18 and 26 unless you have an exemption and thus are not required to register. Registering with the Selective proves that you have the good moral standing required for citizenship. Failing to register demonstrated an unwillingness to defend the United States should a crisis/war ensue and gives grounds for denial of your application. 

8. Committing Fraud on Your Citizenship Application 

Perhaps the more obvious reason for denial is incorrect information on your application.  It is essential for all information on your citizenship application to be complete and accurate. Even a mistake made by accident can be grounds for denial. The USCIS could see this mistake as an actual deception and thus grounds for denial. It is best to show the USCIS that even the littlest and most minor detail that you have any doubt amount has been either researched or disclosed. For example, if you do not remember all of your travel history, you must show that you put in your best effort to attempt to find that information. 

If any information is not correct, USCIS may see this as lying on your application and may deem you as lacking in good moral character.  In fact, incorrect information can also be seen as an attempt to lie about who you are to attempt to gain citizenship (or speed up the process). 

Even fraud on past green cards can be tracked by USCIS. Thus, truthfulness and accuracy are essential in all immigration applications. 

If My Citizenship Application Denied?  

If USCIS denies your application, your application fee will not be refunded, but you will remain a permanent resident. Depending on the reason for your denial, there may be other consequences.   

You can respond to a denial by: 

• Appealing, 
• Reapplying, or 
• Not doing anything. 

Appeal 

To appeal, file Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings. This is a valid option if you believe your application should have been approved but was denied instead. 

Reapplication 

You can reapply in certain circumstances. If you reapply, follow the same process as you did when you initially filed the application. Depending on the reason USCIS denied your application, you may need to wait a few years before reapplying. 

Nothing 

You may also accept the denial as it is and do nothing. This may be your only option if you are permanently denied citizenship based on the requirement of good moral character. Note that applying for naturalization could alert the U.S. government to deportable misconduct. In some cases (though rare), removal proceedings could be initiated.  

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