Becoming a U.S. citizen is complex, and immigration court proceedings can present a significant obstacle for applicants seeking citizenship. Understanding the relationship between these proceedings and citizenship eligibility is essential for anyone navigating immigration. This blog explains how immigration court and deportation proceedings affect citizenship eligibility and outlines options for those facing challenges.
Removal Proceedings and Naturalization Eligibility
Removal proceedings are initiated when an immigrant may be subject to deportation from the United States. Applicants in removal proceedings face severe limitations when it comes to applying for naturalization:
- No Naturalization During Removal Proceedings: USCIS does not have the authority to consider the merits of any naturalization application for an applicant currently in removal proceedings, except in cases of military service. If you are in removal proceedings, your naturalization application will be denied.
- Orders of Deportation or Removal: Applicants subject to a final order of deportation or removal are ineligible for naturalization. Exceptions exist only for certain individuals applying based on military service.
Final Order of Removal and Its Impact on Naturalization
A final order of removal is a ruling by an immigration judge that an applicant must leave the United States. The impact of such an order on naturalization eligibility is significant:
- Naturalization Denied: If you are subject to a final order of removal, your naturalization application will be denied unless:
- “The court vacated (canceled) the order.”
- “You qualify for naturalization under INA 329(a) for honorable service in the U.S. armed forces.”
- “You left the United States and later re-entered as an LPR with a different visa than the one you initially used when admitted and subsequently ordered removed.”
Naturalization During Pending Deportation Proceedings
For applicants with pending removal proceedings, the naturalization process is put on hold, and USCIS lacks the authority to approve naturalization:
- Pending Proceedings and Denial: If a removal proceeding is pending, USCIS will deny the naturalization application based on the existence of the proceedings. The officer cannot decide on the merits of the naturalization application. This rule applies even if the removal proceeding was administratively closed.
- Military Service Exception: The only exception to this rule is for applicants whose naturalization is based on military service. In these cases, specific provisions under U.S. immigration law may still allow the naturalization process to proceed.
Deportable Noncitizens and Naturalization
When DHS finds a naturalization applicant deportable, it may issue a Notice to Appear (NTA) to start the removal process.
- Issuance of NTA: If an officer finds that the applicant is deportable, DHS will issue an NTA, and the naturalization application will be denied based on INA 318.
- Denial Based on Deportability: Once the NTA is filed with an immigration court, the naturalization application is denied, and the applicant must address the removal proceedings before reapplying for naturalization.
Naturalization Eligibility After Removal Proceedings
Even if you are subject to removal proceedings, there may be options available to regain eligibility for naturalization:
- Request for a Hearing: After resolving the removal proceedings, an applicant may file a Request for a Hearing on a Decision in Naturalization Proceedings (Form N-336) if they believe their naturalization application was wrongly denied.
- Reapplying for Citizenship: If the court resolves the removal proceeding favorably and you remain eligible, you may file a new application.
Protecting Your Path to Citizenship
If you are facing immigration court proceedings and want to pursue citizenship, seek guidance from an experienced immigration attorney. They can help you understand your options and navigate the legal complexities involved.
- Legal Guidance: Removal proceedings can impact citizenship eligibility. Proper legal support helps you understand your rights and explore potential paths forward.
- Military Service Exception: Honorably serving in the U.S. armed forces may still allow you to pursue citizenship, even during removal proceedings. Consult with an attorney to determine if you qualify under these specific circumstances.
Overcoming Removal Proceedings for Citizenship Eligibility
Removal proceedings can be a significant hurdle for immigrants seeking U.S. citizenship. Understanding the impact of removal, deportation orders, and pending proceedings on your naturalization application is critical to planning your path forward. If you are facing removal or have received an NTA, working with an experienced immigration attorney can make all the difference in protecting your path to citizenship and navigating these complex challenges.
