Can Applying for U.S. Citizenship Put My Green Card at Risk?

Applying for U.S. citizenship is a major goal for many immigrants. For green card holders, though, it raises a question worth taking seriously: Could the naturalization process itself put your current status in jeopardy?

At Kriezelman Burton & Associates, LLC, a Chicago-based immigration law firm serving clients nationwide since 1974, we understand this concern. The short answer is that applying for citizenship does not normally threaten a valid green card. That said, the naturalization process does open your entire immigration file to USCIS review. Here is what every applicant should understand before filing:

• Problems with the original green card application may surface during the review.
• Criminal, travel, tax, or immigration violations can affect both citizenship eligibility and permanent resident status.
• If USCIS discovers a serious issue, removal proceedings are possible.

Does Applying for Citizenship Normally Put a Valid Green Card at Risk?

For the vast majority of applicants, filing Form N-400 does not trigger any automatic loss of permanent resident status. USCIS does not revoke a green card simply because someone applied for naturalization.

The risk in applying for citizenship arises when the application process reveals:

• Something that should have prevented the green card from being granted in the first place, or
• Something that has occurred since the green card was issued that undermines continued eligibility.

What Happens if Problems With the Original Green Card Application Are Discovered?

USCIS reviews an applicant’s full immigration history as part of the naturalization process. This includes additional fingerprinting and background checks. If a problem is found, such as a material misrepresentation made during the original green card application, USCIS has the authority to pursue rescission of current permanent resident status.

How Can Criminal, Travel, Tax, or Immigration Issues Affect Both Applications?

Certain conduct that occurs after receiving a green card can affect naturalization eligibility and, in serious cases, lead to removal proceedings. Common issues include:

• Criminal convictions: Certain offenses can bar naturalization and constitute grounds for deportation
• Extended foreign travel: Absences exceeding six months may break the continuous residence requirement and raise questions about abandonment of permanent resident status
• Tax filing failures: Failing to file U.S. taxes as a permanent resident can signal an intent to abandon residency or a lack of good moral character (GMC)
• Immigration violations: Prior unlawful presence or misrepresentation, even if previously overlooked, may resurface during review

What Can Happen if USCIS Finds a Serious Problem During the Citizenship Review?

USCIS has the authority to do more than deny a naturalization application. If a significant issue is uncovered in an applicant’s record during the review, the agency may:

• Deny the citizenship application
• Refer the case to Immigration and Customs Enforcement (ICE)
• Initiate removal proceedings against the applicant

This outcome is not common, but it is a real risk for applicants with unresolved issues in their immigration history.

Have Questions? Speak With an Immigration Attorney Before You File

The naturalization process carries significant benefits and, for some applicants, significant risks. A thorough review of your immigration history with an attorney before filing can help you identify and address potential issues in advance.

The attorneys at Kriezelman Burton & Associates, LLC have guided countless permanent residents through the naturalization process. To discuss the potential risks and options for your specific situation, contact our firm to schedule a confidential consultation.