After you send your U.S. citizenship application, the next few weeks can be quite stressful. You might be depending on a positive outcome for your career, your family, or simply your sense of identity as an American. If you just received a denial, you might be unsure of what to do next. Perhaps you are in the process of preparing your application, and you want to avoid this outcome at all costs. Whatever the case may be, an experienced immigration lawyer in Dallas may be able to help you achieve your goal of finally becoming an American citizen.
Common Reason Number One: Failure to Maintain Lawful Permanent Resident Status
One of the most common reasons for a denied U.S. citizenship application is the failure to maintain permanent resident status. Under certain circumstances, USCIS may decide that you “abandoned” your permanent resident status. For example, you might have left the country for an extended period of time while you were a permanent resident. UCSIS might also look into your past addresses, the schools you attended, and where you worked during your time as a permanent resident. If something does not seem right, your citizenship application might be denied.
The best way to avoid this issue is honesty. Do not try to hide your past vacations or trips. Be open with the USCIS officer when you speak with them during your naturalization interview. Remember, they might ask you about trips you have taken more than five years ago. This may go beyond the information you provided in your N-400 form. If you are preparing to submit an application, always inform your lawyer of any trips you have taken that may have jeopardized your permanent resident status.
Common Reason Number Two: Bad Moral Character
If you were denied on the basis of “bad moral character,” you might have some kind of issue with your criminal record. This situation is quite common, and it does not necessarily mean that you’re a bad person. You may only need to take a few relatively simple steps to clear up your record and reapply for citizenship. Discuss the possibility of expungement and other post-conviction relief with your lawyer.
Your immigration lawyer may also help you pursue citizenship if your criminal conviction is relatively minor. Generally speaking, the only convictions that should affect your citizenship application are violent crimes and serious felonies. In certain situations, your criminal record may only be a temporary issue. As a result, you might only need to wait a few more years before successfully applying for U.S. citizenship.
Common Reason Number Three: Suspicion of Fraud
Immigration officials frequently deny citizenship applications because they suspect some kind of fraud may be taking place. Perhaps the most common example is marriage fraud, something that many people attempt when trying to obtain U.S. citizenship. Even if you did nothing wrong, immigration officials may deny your application because things “just don’t seem right.” The presence of a recent divorce could cause issues, especially if you initially obtained your permanent residency through marriage.
Unfortunately, you might be unable to obtain citizenship if you recently divorced a U.S. citizen. In order to gain citizenship, you must remain married to a U.S. citizen until your naturalization ceremony. If your citizenship application was denied due to a recent divorce, you may need to work with your immigration lawyer and assess alternate paths toward citizenship. Often, all you need to do in this situation is wait a few more years before reapplying.
Common Reason Number Four: Failing the Tests
Civics and English exams are required in order to gain U.S. citizenship. If you fail these tests, your application may be denied. While this might seem discouraging, you can always try again. That said, you might want to study diligently before you attempt to retake these exams. Various resources are available to you, including flashcards and study aids on the USCIS website. You may also find local tutors who are willing to help you prepare for the exam.
Common Reason Number Five: Failing to Pay Taxes
Although you might not yet be a U.S. citizen, you are still required to pay taxes as a permanent resident. If you didn’t file an annual tax return or you failed to pay your taxes since coming to the United States, this could prevent you from becoming a U.S. citizen. Your failure to pay taxes might have been intentional or accidental. Although accidents happen, you should pay your taxes as soon as possible if you’re planning to become a citizen. Note that criminal charges may apply if you engaged in intentional tax fraud, and this conviction could prevent you from becoming a citizen.
Common Reason Number Six: Failing to Register for the Draft
As a permanent resident, you may be called upon by the United States military to defend the country and the Constitution. However, you must register for the Selective Service (draft) in order to become eligible for this potential military role. If you failed to register while being a male between the ages of 18 and 26, this could prevent you from attaining citizenship. Note that registering for the Selective Service does not require you to join the military. Drafts are exceedingly rare, and they haven’t occurred since the Vietnam War.
Can a Dallas Immigration Lawyer Help Me?
A Dallas immigration lawyer may be able to help if you’re having issues with your U.S. citizenship application. Maybe you have just received news that your application has been denied. In this situation, a lawyer can help you understand what went wrong. From there, you can fix your mistakes and apply for citizenship with more confidence. If you are trying to fine-tune your citizenship application before you send it, consider speaking with a lawyer. These legal professionals can review your application and fix any mistakes you might have missed. Discuss your unique immigration goals today with The Presti Law Firm, PLLC. Call us at (214) 831-8078 or visit us online.