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USCIS Naturalization Updates May Increase Citizenship Denials

This article reviews the latest naturalization updates by the U.S. Citizenship and Immigration Services (USCIS). We look at how these updates may cause an increase in citizenship denials.

What is Naturalization?

Naturalization is the process for an immigrant to become a U.S. citizen. Through the N-400 form, the USCIS requires applicants to provide detailed personal information, employment history, and background details. Citizenship applicants must also pass the citizenship interview and test, meet the naturalization requirements and complete an oath ceremony.

Recent Naturalization Updates by the USCIS

Recent updates to the naturalization process includes revisions to the Form N-400 Application for Naturalization and the filing fees. Applicants are also now required to include evidence with their applications.

USCIS Reasons for Naturalization Updates

The USCIS says that the naturalization updates will simplify the application process, reduce errors, and improve efficiency for both applicants and immigration officers.

The updated Form N-400 provides clear instructions on the detailed personal history, background information and evidence that the USCIS wants applicants to provide.

Is Naturalization Easier or Difficult Now?

The updated naturalization process is easier and more affordable for some applicants. For certain applicants becoming a US citizen has become difficult. The application form seems easy to understand and complete, and this may cause applicants to mistakenly think that the process is easier.

Improved USCIS Screening Means More Citizenship Denials

The N-400 form for citizenship improves how the USCIS can screen applicants at the time of filing.

First, the citizenship form asks applicants to provide potential disqualifying information and evidence with their application. 

This reduces the chances of unqualified applicants being able to naturalize because an inexperienced USCIS officer did not send a Request For Evidence (RFE) for information on an applicant’s disqualifying background.

Now it is easier for Immigration Officers to see which application should be denied as the applicants are self-reporting potential problems when they apply.

Broad and Clear Questions

Second, the revised citizenship application form asks many broad questions that will make applicants provide more information than may be necessary.

Many questions include words like “any”.  For instance, “Have you lied or given any misleading information to US government officials?” “Have you made any misrepresentation to get any public benefit in the US?”

More importantly, the N-400 form states that it wants information on certain events that occurred anywhere in the world.

In addition, certain questions are asked in a clear language, so it is harder for applicants to lie, misrepresent facts or even claim that they did not understand the question.

No Time Limit on Information

The N-400 naturalization form includes many questions starting with the word “Ever,” indicating that USCIS seeks information without time limits.

This means that citizenship applicants will now have to reveal disqualifying events from any time in their past. Previously the N-400 form limited certain questions to the five years before their citizenship application.

New Instructions Require Evidence When filing

The updated application form instructions ask citizenship applicants to include evidence to show that they meet the citizenship requirements for continuous residence and good moral character.  

Continuous Residence

The naturalization process now requires applicants to provide proof of continuous US residence when filing if they have travelled abroad longer than 6 months. Continuous residence is a requirement for naturalization, so if you cannot prove this upfront, the application may face problems sooner.

Good Moral Character

Applicants for US citizenship need to be of good moral character. The updated naturalization process specifically asks for information about crimes even if sealed, expunged, or otherwise cleared.

In addition, the instructions say that you must disclose this information even if a judge, law enforcement officer, or attorney told you that it is no longer on your record or that you do not have to disclose this information.

This instruction may cause applicants to overlook the risk involved. Providing such information to the USCIS may cause problems including a denial of citizenship, loss of permanent residency and even deportation.

Non-citizens and citizenship applicants with a criminal history should speak to an immigration attorney before submitting documents to the USCIS.

It is important to talk to an immigration attorney before submitting any application to an immigration agency, even if your criminal court case is finished and your criminal lawyer or judge says you will not have immigration consequences as a result.

Get Help Early

With the revised naturalization process, citizenship applicants need to get legal help early. This way they can determine if they can apply for citizenship safely.  

Conclusion

The simplified naturalization forms, clear instructions and online filing will improve the naturalization process for both USCIS officers and applicants. However, there is a valid concern that it will also discourage and reject many citizenship applicants whose applications may be denied from the beginning.

If you have any questions about your citizenship or need help, our immigration law office is willing to help you find your best immigration solution.

To learn more about this immigration matter or to schedule an appointment with our immigration lawyer, Doreen Emenike, please call us at (626) 256-8500. www.emenikelaw.com

Read More: How to respond to a USCIS Request For Evidence (RFE)

Read More: A Citizenship Interview at USCIS & Citizenship Updates

Related reading: Citizenship

About the author

Doreen Emenike is an immigration lawyer with over 20 years of experience. She helps people live in the U.S. legally and works at the Law Offices of Doreen A. Emenike.

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