Can an LPR Status be Revoked if an Application for U.S. Citizenship is Denied?

If you have lived in the U.S. as a Legal Permanent Resident (LPR) and have surpassed the timeframe stipulated by the U.S. Citizenship and Immigration Services (USCIS) for Naturalization; you might want to consider applying for U.S. Citizenship. You may have heard of instances where many people submitted their N-400, Application for Naturalization and have gotten their applications denied and were then deported. In most situations, USCIS would deny a citizenship application and it would have nothing to do with the applicant’s eligibility for a U.S. green card which would then not result in a deportation.

When getting a Denial Will not Lead to a Deportation

Sometimes there is a possibility that after an application for citizenship has been denied that the applicant goes back to being a permanent resident. If a person does not pass the English examination or the History exam or cannot demonstrate that he or she was continuously a resident in the U.S for the requisite number of years or applied very early or is otherwise ineligible to transition from a lawful permanent resident status to citizenship; the usual result would be that USCIS simply denies the application and the person returns to life as it was previously.

As a matter of fact, if the reason is that the person did not pass the English or History exam, USCIS will offer another opportunity to redo the examination and will schedule a follow up interview.

What if the Applicant Did not Deserve Residency?

In the event USCIS denies an application at the time of an interview simply because the applicant was ineligible from the onset, then USCIS could not only revoke citizenship but also that individual can be placed in removal proceedings. Especially, if an applicant committed fraud or evaded immigration to obtain a U.S. green card.

Have you done something to become deportable?

Once USCIS finds that an immigrant spent so much time outside of the U.S. and it appears whether he or she has abandoned the U.S. residency completely or has committed a crime that results in deportation, USCIS will not only deny citizenship but it will put that person in removal proceedings immediately.

There is also a lesser-known problem that can emerge when someone spends 180 days or more outside of the U.S. or does something illegal during an overseas trip, which would then make that someone inadmissible upon entry. For example, the person tried to smuggle drugs, or had committed one of various types of crimes before or after leaving the U.S. or developed a communicable disease of public health significance. Additionally, the border agent was inattentive and allowed the immigrant to enter regardless of him or her having an inadmissibility that would bar him from entering. Such a situation is grounds for deportation.

Consult with an Immigration Attorney

If you have found yourself in a situation where your Citizenship application was denied and you fear getting deported contact The Gambacorta Law Office, at 847-443-9303. We will gladly assist you in every way possible.