Why You Shouldn’t Apply for Citizenship

Oftentimes, the main goal of immigrants when they come to the United States is to eventually become US citizens. However, there are requirements and consequences of applying for citizenship that should be considered and discussed with an experienced immigration attorney before you send off the N-400.

1. Certain crimes make you ineligible for citizenship

One requirement for citizenship is that you must be a person of good moral character and have been a person of good moral character for at least five years immediately before filing the Form N-400 (3 years if your green card is based on marriage to a US citizen).  Certain types of criminal conduct automatically disqualify applicants from establishing good moral character and may even make the applicant subject to removal proceedings. These convictions are permanent bars to naturalization and tend to be serious crimes, such as murder and drug trafficking. Additionally, a conditional bar to naturalization will be imposed if, during the statutory period before applying, a crime such as controlled substance violations, prostitution, human trafficking, polygamy, being a habitual drunkard, adultery, or failure to support dependents is committed. You should always consult with an immigration attorney, in addition to a criminal defense attorney, if you are ever charged with a crime and are not yet a US citizen. Failure to do so can result in making you temporarily or permanently ineligible for citizenship. 

2. Getting US citizenship can cost you your home country’s citizenship

US law does not require a person to choose one nationality or another. However, it’s possible that your home country will not let you have dual citizenship. For example, China, India, and Saudi Arabia do not allow any type of dual citizenship. Therefore, if you are from a country that does not allow dual citizenship, and you become a US citizen, your home citizenship will automatically be revoked. For this reason, if your home country’s citizenship is a priority to you, you should check their laws on dual citizenship before applying for naturalization in the US.

3. Extended absences from the US can make you ineligible for citizenship

There are two additional requirements when applying for citizenship: 1) the continuous residence requirement and 2) the physical presence requirement.

Continuous residence requires that you cannot have a single absence from the United States that is longer than one year in the five years (or 3 years if the spouse of a US citizen) prior to applying. Even absences that are longer than six months but less than one year may disrupt your continuous residence. If you have been out of the US for longer than 6 months for one trip and are considering applying for citizenship, consult with an attorney to discuss whether you are currently eligible for citizenship or not.

To satisfy the physical presence requirement, an applicant for naturalization must have been physically present in the United States for at least half the time for which your continuous residence is required. Therefore, if you are the spouse of a US citizen, you are required to show you have been physically present in the US for half (18 months) of the 3 years immediately prior to filing. Otherwise, you are required to show you have been in the US for at least half (30 months) of the 5 years immediately before the date of filing your N-400. If you cannot satisfy this requirement, you are not eligible yet to apply for citizenship and should not apply.

Outlined above are requirements for citizenship and consequences if you apply but are not eligible. My name is Michael Ashoori and I’m a U.S. immigration lawyer and the founder of Ashoori Law. As an immigration lawyer, I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.  If you have any questions, feel free to schedule a free consultation by clicking this link.