If My Citizenship Is Denied, Will My Green Card Be Cancelled, Too?

If you've been living in the United States as a lawful permanent resident for the required number of years, you might now be considering applying for naturalized U.S. citizenship. However, you might have also heard stories of people who not only got denied citizenship, but got deported to their country of origin afterward. Could this happen to you?

In most cases, the reasons that U.S. Citizenship and Immigration Services (USCIS) would deny a U.S. citizenship application have nothing to do with the person's underlying eligibility for a green card, and thus would not result in deportation. But there are exceptions, or cases that should cause you to carefully examine your immigration history and consult with an attorney if in doubt. Keep in mind that applying for U.S. citizenship means USCIS will review your entire immigration file and recent life history, plus run your fingerprints, and might find damaging information. We'll take a closer look at the possibilities and risks here.

Situations Where USCIS Denying U.S. Citizenship Won't Lead to Deportation

It is possible to be denied U.S. citizenship and go right back to being a permanent resident, with a green card, with no risk to that status. Common examples include when someone:

• fails the English exam or the U.S. government and history exam
• cannot show having continuously resided in the United States for the requisite number of years (usually five, with some exceptions), possibly because of gaps for overseas travel
• submitted their N-400 application for citizenship too early
• can't show sufficient good moral character (GMC) for U.S. citizenship, yet hasn't actually committed any crimes or related acts that would make them deportable, or
• is otherwise ineligible to advance from lawful permanent residence to U.S. citizenship.

In any of these situations, the result would be that USCIS simply denies the application and the person goes back to life as it was before (perhaps with a bit more care to protecting their prospective citizenship eligibility for purposes of a later application).

In fact, if the reason for not passing the first interview is that the person did not pass the test of either English or the U.S. government and history, USCIS will give a second chance, and automatically schedule a follow-up interview within the next 90 days, as described in, Second Chances If Naturalization Not Approved at First USCIS Interview.

Risk of Removal If Applicant Should Never Have Been Granted Permanent Resident Status

If, on the other hand, the reason for denial is that USCIS discovers, during the review of the applicant's immigration file, that the applicant did not qualify for a green card in the first place, then USCIS could not only deny citizenship but also place the person in removal proceedings.

This is most likely to happen if the applicant committed fraud in obtaining the green card. Someone who, for instance, immigrated as the unmarried child of a U.S. citizen, but whom USCIS later discovers to have been married at the time, could face this problem. (Learn more about the family-based green card sponsorship categories.) Marriage fraud is also something that might be revealed in the course of a U.S. citizenship application; if the marriage has ended, USCIS will likely ask questions about why, and investigate further if anything looks suspicious. (Of course, some marriages fall apart that weren't fraudulent, and USCIS knows that, but the risk is there.)

A fraud finding could also be an issue for someone who immigrated under an amnesty program or cancellation of removal if it turns out they lied about their time spent in the United States, and thus were not eligible. It is even possible that you wouldn't know about fraud committed on your behalf, such as if your petitioning employer falsified the evidence of its recruitment efforts during the labor certification process.

But actual fraud might not be the reason an applicant was granted a green card when they shouldn't have been. Sometimes it's just an error. Perhaps the government didn't notice a ground of inadmissibility that the immigrant was also unaware of, or granted a green card to a supposed minor who had already turned 21.

Risk of Removal If Applicant Did Something to Become Deportable

Other concerning possibilities include that USCIS discovers that the naturalization applicant spent so much time outside the Unite States that they appear to have abandoned U.S. residency altogether, or has committed a crime that results in being deportable from the United States. In such cases, the agency can not only deny U.S. citizenship but send the person to immigration court for removal proceedings.

There is also a lesser-known problem that can arise when someone spends 180 days or more outside the United States or does something illegal during an overseas trip, thereby becoming "inadmissible" upon reentry. Perhaps, for instance, the person tried to smuggle drugs, or had been convicted of any of various types of crimes (before or after departing the United States), or had developed a communicable disease of public health significance. Then additionally imagine that the U.S. Customs and Border Protection (CBP) officer simply didn't notice, and let the person in despite the fact that inadmissibility should have barred this entry. This mistake doesn't simply wash away with time; instead, it creates grounds for later deportation.

Getting Legal Help

See an attorney if there is any chance that any of the more serious grounds for denial of naturalized U.S. citizenship might apply to you, or if you have additional questions or concerns about your case. For guidance, see How to Find a Good Immigration Lawyer For Your Case.