One of the most frequently asked questions our clients have about the naturalization process is, “Will my green card be revoked if my 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.
If applying for citizenship means that you could lose your green card, you may be asking yourself whether the benefits of citizenship outweigh the risks of filing a Form N-400 to apply for citizenship and then getting deported.
We understand this. We know that you may have heard stories about people applying for citizenship only to be denied citizenship and then had their green cards revoked, but this is not very common. In most situations when a lawful permanent resident’s application for citizenship through naturalization is denied, they maintain their existing status.
The question, “Will my green card be revoked if N-400 is denied,” is a perfectly reasonable question, but the answer is not simple. It is possible to lose your green card when your N-400 is denied if the reason your N-400 was denied would mean that you have violated the terms of your green card.
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 soon
- Failing to provide enough evidence to prove the good moral character requirement
Will My Green Card Be Revoked If N-400 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. If you fail the citizenship test, you are encouraged to study more and take the test again later. 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 time prior to submitting your N-400, you must tell that to 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
Your immigration attorney may suggest that you hold off applying for citizenship if you have a long absence from the country. If they suggest this, they are doing it in your best interests. It’s important to take your attorney’s advice. Remember, most of the time, when people’s green cards are denied, it’s because they applied by themselves without the help of an experienced immigration attorney to give proper guidance.
Sometimes, it may be best to delay filing your application. If your attorney suggests that you wait, please listen to them.
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 you will absolutely not lose your green card as a consequence.
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 consider 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.
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.