One of the most frequently asked questions our clients have about the naturalization process is, “Will my green card be revoked if N-400 is denied?” This is a reasonable question, because if you’re applying for citizenship, you’ve built a life in the United States as a lawful permanent resident.
Many applicants worry that filing Form N-400 could put their green card at risk. You may be asking yourself: “Do they take your green card at the citizenship interview?” “What happens if you fail the citizenship test?” or “If my citizenship is denied, can I apply again?”
We understand these concerns. We know that you may have heard stories about people applying for citizenship only to be denied citizenship and then have their green cards revoked, but this is not very common. In most cases , when a lawful permanent resident’s application for citizenship through naturalization is denied, they retain their existing green card status.
The question, “Will my green card be revoked if N-400 is denied?,” is a perfectly reasonable one.
However, the answer is not always simple. It is possible to lose your green card after an N-400 denial if the reason for the denial shows that you violated the terms of your lawful permanent resident status.
Common Reasons N-400 Applications Are Denied
Let’s consider some of the most common reasons an N-400 is denied and then discuss whether it could trigger officials at U.S. Citizenship and Immigration Services to revoke your green card.
The most common reasons for N-400 denials include:
- Failing the English language exam or the civics exam
- Failing to maintain continuous residence
- Submitting an N-400 too early
- Inability to prove good moral character
There are additional, less obvious reasons an N-400 may be denied, including discrepancies between your application and prior immigration filings, failure to register for Selective Service (for certain applicants), or tax-related issues such as unpaid federal taxes or missing IRS payment arrangements.
While these issues generally do not lead to green card revocation, they can delay your path to naturalization.
- USCIS may also deny an application if officers believe you provided incomplete or inconsistent information during the interview. These kinds of denials usually require strategic corrections rather than defensive action against removal. Understanding the nature of the denial helps determine whether your green card remains at risk, which, again, is uncommon unless the facts suggest a violation of permanent resident requirements.
Can a Green Card Be Revoked If N400 Is Denied for Failing the English Language or Civics Exam?
You are not required to pass the citizenship tests to maintain your green card. You will not lose your status for failing this test. You are not at risk of deportation for failing these tests.
Will My Green Card Be Revoked If N-400 Is Denied for Failing to Maintain Continuous Residence?
Green card holders are allowed to travel, but if the federal government determines that you didn’t intend to make the U.S. your permanent home, it can revoke your green card. Usually, this means that you have left the United States for longer than a year. If you have left the U.S. for an extended period of time before submitting your N-400, it is important to inform your immigration attorney.
There are ways to demonstrate that your travel was not an abandonment of your lawful permanent resident status, such as the following:
- Keeping your home looked after and maintained while you are away
- Maintaining your U.S. employment
- Paying income taxes on time
- Maintaining your U.S. health insurance plan
- Maintaining your U.S. bank accounts
- Keeping your U.S. cell phone number active and in use
- Continued payment on U.S. memberships, such as professional organizations
If USCIS raises concerns that your travel patterns suggest abandonment, your attorney may recommend gathering additional evidence. This can include employment contracts, proof of returning flights, affidavits from family members, or documents showing your personal belongings and life remained in the U.S. during your absence. These details can help strengthen your case and reduce the likelihood of additional scrutiny.
- Long trips abroad do not automatically mean you have abandoned your status, but they do shift the burden of proof onto you. For this reason, it is crucial to discuss every extended trip with your attorney before filing Form N-400. Many applicants mistakenly assume that maintaining a physical address is enough, but USCIS evaluates intent through multiple factors.
Your immigration attorney may recommend delaying your citizenship application if you have had a long absence from the United States. This advice is given in your best interest, so it is important to carefully consider your attorney’s guidance.
Will My Green Card Be Revoked If N-400 Is Denied for Submitting an N-400 Too Soon?
No. If you submit your application too soon, your application will be denied, but your green card will not be revoked as a consequence. You can reapply once you meet the eligibility requirements.
Will My Green Card Be Revoked If N-400 Is Denied for Failing to Prove Good Moral Character?
While green card holders are supposed to maintain good moral character, not all applicants who lack good moral character are removable. Federal policy states that your N-400 can be denied on grounds of lacking good moral character without facing removal.
For example, officials will consider extenuating circumstances if you’ve failed to support your dependents or committed adultery. It may be considered extenuating circumstances for some other, less serious offenses. Officials will also excuse some convictions that are “purely political offenses.”
Despite the likelihood that officials would not consider the above deportable offenses, if you have been arrested, involved in criminal activity, or have failed to follow through with the good moral character requirement while in the country with a green card, you should discuss this with your immigration lawyer. Your immigration attorney will help you determine your risks, but you must be completely honest with your lawyer, or they won’t be able to give you the proper advice.
What Happens If You Fail the Citizenship Test More Than Once?
Many applicants worry that failing the English or civics test puts their permanent resident status in danger. In reality, USCIS allows two opportunities to pass both tests. If you fail the first attempt, you will receive a second appointment for re-examination. If you fail a second time, your N-400 will be denied, but you will not lose your green card solely for failing the tests.
This is important because many people ask, “What happens if you fail the citizenship test? Do they take your green card?” The answer is no; test failure does not place you in removal proceedings.
Do They Take Your Green Card At The Citizenship Interview?
In most cases, the answer is no. Officers do not confiscate a lawful permanent resident card at an interview unless they discover a serious legal issue that would have made you ineligible for the green card from the beginning.
While this situation is rare, it can happen in cases involving fraud, misrepresentation, criminal activity, or extended unlawful presence. Understanding this distinction is important because many applicants assume that a denial automatically triggers removal proceedings.
In reality, most applicants who are denied naturalization remain lawful permanent residents and keep their green cards. Many applicants successfully obtain naturalization after correcting issues that caused their initial denial. An immigration attorney can help you determine whether you should appeal, file a motion to reopen, or simply reapply once you qualify.
Do You Need to Speak with a Lawyer Before Applying for Citizenship?
Many people try to file Form N-400 without an attorney. This is why you hear the random stories about green card holders losing their green cards after applying for citizenship. You should contact an immigration attorney any time you file any form with U.S. Citizenship and Immigration Services. Your attorney will be able to advise you of any risks. They will also be able to help with risk aversion if you decide to apply for citizenship anyway.
It is possible that you could lose your green card if your N-400 is denied, but the risks are much less if you:
- Choose an experienced immigration attorney to help
- Be completely upfront with your immigration attorney about your history
- Take your immigration attorney’s advice
- Allow your immigration attorney to prepare and file your application
Not only will an experienced immigration attorney help reduce your risks, but they will also increase your chances of approval for citizenship too. Remember, your immigration attorney is there to represent your best interests. If you need to speak to an immigration attorney, contact Warren Law Firm today to schedule a consultation.
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If you want to protect your green card and improve your chances of a successful citizenship application, it’s important to get guidance from an experienced immigration attorney.
Contact us today to schedule your consultation and take the first step toward achieving your immigration goals with guidance you can trust.
