Green Card Rescission and Naturalization Denial: Impact on LPR Status

Adjusting status to Lawful Permanent Resident (LPR) is a major milestone for U.S. immigrants and often begins their journey toward citizenship. If someone was ineligible at the time of adjustment, their LPR status can be rescinded, affecting future applications like naturalization.

What Is Rescission of Green Card Status?

The U.S. government rescinds LPR status by revoking a green card if it determines that the adjustment was granted in error This can happen if the applicant was ineligible at the time due to misrepresentation, unmet conditions, or other ineligibility under immigration law.

Naturalization Denial due to Green Card Rescission)

If an applicant’s LPR status is rescinded, or if they are placed in removal proceedings, this has a direct impact on their ability to become a U.S. citizen through naturalization. Under the Immigration and Nationality Act (INA) Sections 318 and 316(a)(1), USCIS must deny a naturalization application if the applicant’s lawful permanent resident (LPR) status was rescinded or if an administratively final removal order exists against them.

For example, if a naturalization applicant is found to have obtained their LPR status improperly, the U.S. Citizenship and Immigration Services (USCIS) may initiate rescission proceedings. Upon rescission of the adjustment of status, the applicant loses their green card, making them ineligible for naturalization. If USCIS issues a final removal order against the applicant, it automatically denies their naturalization application.

What Should You Do? -Contact an immigration attorney for rescission issues)

As an LPR applying for naturalization, confirm that you obtained your status lawfully and that no grounds for rescission exist. Consulting with an experienced immigration attorney can help you assess your eligibility and guide you through the naturalization process to avoid unexpected complications.

When rescission proceedings begin, timely legal help is essential to understand your rights, defend your status, and explore remedies.

Protecting Your Path to Naturalization from Green Card Rescission

For many immigrants, naturalization is a key goal, but meeting all prerequisites, including LPR eligibility, is essential. Rescinding LPR status can result in naturalization denial, so understanding this risk is essential on the path to U.S. citizenship. An experienced immigration attorney can provide the necessary support to help you navigate these challenges effectively.