What makes you permanently ineligible for US citizenship?

Asked by: Judy O'Keefe  |  Last update: April 13, 2025
Score: 4.2/5 (72 votes)

INA 315 states that “any alien who applies or has applied for exemption or discharge from training or service in the Armed Forces or in the National Security Training Corps of the United States on the ground that he is an alien and is or was relieved or discharged from such training or service on such ground, shall be ...

What disqualifies you to become a U.S. citizen?

Crimes that can prevent you from becoming a U.S. citizen include aggravated felonies, murder, drug trafficking, prostitution, money laundering, and crimes involving moral turpitude.

What circumstances cause a person to be permanently ineligible to apply for naturalization?

Criminal Record.

You cannot establish that you are a person of good moral character if you have been convicted of murder, at any time, or of any other aggravated felony, if you were convicted on or after November 29, 1990. Other offenses may be temporary bars to naturalization.

What makes you ineligible for U.S. citizenship?

You have been convicted of or admitted to a crime involving moral turpitude (CIMT), such as fraud. You spent 180 days or more in jail or prison for any crime. You committed any crime related to illegal drugs other than a single offense involving 30 grams or less of marijuana.

Who gets denied U.S. citizenship?

Criminal History and Good Moral Character

USCIS requires applicants to demonstrate good moral character (GMC) during the statutory period—generally five years before filing (three years if married to a U.S. citizen). Certain criminal offenses can lead to a determination of poor moral character, resulting in denial.

What the 14th Amendment says about birthright citizenship

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Can you apply again for citizenship after being denied?

As stated in the Notice, you can either accept the denial (and potentially file a new application) or request a hearing before a USCIS officer regarding the denial. This involves submitting a Request for a Hearing on a Decision in Naturalization Proceedings (Form N-336).

What is an ineligible citizen?

(19) The term “ineligible to citizenship,” when used in reference to any individual, means, notwithstanding the provisions of any treaty relating to military service, an individual who is, or was at any time permanently debarred from becoming a citizen of the United States under section 3(a) of the Selective Training ...

How long does inadmissibility last?

Second, aliens who were unlawfully present in the United States for more than 180 days but less than one year, and departed the United States before the commencement of formal removal proceedings, are inadmissible for three years; and those who were unlawfully present for one year or more are inadmissible for 10 years ...

How many years of tax returns are required for citizenship?

Your tax returns are very important proof that you are eligible for naturalization. On the day of your interview, bring certified tax returns for the last 5 years (3 years if you are married to a U.S. citizen).

What are the 5 requirements to become a U.S. citizen?

You need to be at least 18 years old, be a permanent resident with a green card for a least 5 years, 3 years if you are married to a U.S citizen. You must maintain continuous residence in the U.S., at least 3 months in California, and not have any trips outside the U.S. for 6 months or longer.

Can you get U.S. citizenship back after renouncing?

Finally, renouncing U.S. citizenship is irrevocable and cannot be canceled or set aside without successful administrative or judicial appeal.

Who bears the burden of proving eligibility for naturalization?

The applicant shall bear the burden of establishing by a preponderance of the evidence that he or she meets all of the requirements for naturalization, including that the applicant was lawfully admitted as a permanent resident to the United States, in accordance with the immigration laws in effect at the time of the ...

Who is permanently ineligible for citizenship?

INA 315 states that “any alien who applies or has applied for exemption or discharge from training or service in the Armed Forces or in the National Security Training Corps of the United States on the ground that he is an alien and is or was relieved or discharged from such training or service on such ground, shall be ...

How to overcome inadmissibility?

There are three main methods available for people who wish to come to Canada but must overcome criminal inadmissibility:
  1. Submit a Temporary Resident Permit Application.
  2. Submit a Criminal Rehabilitation Letter.
  3. Legal Opinion Letter.

How far back is the background check for U.S. citizenship?

Usually this is the five years before you applied, or three years if you're applying for citizenship on the basis of marriage to a U.S. citizen. You will also need to give a statement under oath about any criminal background you have in the period of good moral character.

What is a permanent ineligibility?

Other ineligibilities are permanent. This means that every time you apply for a visa, you will be found ineligible under the same section of law, unless a waiver of that ineligibility is authorized by the Department of Homeland Security.

What are the two most common grounds of inadmissibility?

The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories.

Can a deported person come back legally by marrying a citizen?

Can a deported person come back legally by marrying a citizen? Often yes (unless prior marriage fraud) after an immigrant petition approved and waiver(s) granted.

What can make you ineligible for naturalization?

Naturalization Disqualifiers
  • A person who has been convicted of murder is ineligible for the duration of their lifetime.
  • A person who has been found guilty of an aggravated felony under section 101(a)(43) of the Immigration and Naturalization Act is similarly ineligible.

How do I know if I am inadmissible to the USA?

Inadmissibility Due to Health Concerns
  • Communicable Disease. ...
  • Lack of Necessary Vaccinations. ...
  • Physical or Mental Disorders. ...
  • Drug Addiction or Abuse. ...
  • Crimes Involving Moral Turpitude. ...
  • Drug Offenses. ...
  • Multiple Criminal Convictions. ...
  • Other Criminal Behaviors.

What does legally ineligible mean?

legally disqualified to function as a juror, voter, witness, etc., or to become the recipient of a privilege.

What happens if your U.S. citizenship is denied?

But sometimes, your application for naturalization is denied, leaving you unsure what happens next. Generally, you remain a lawful permanent resident (LPR) and may reapply to naturalize. Having your application for naturalization denied is rarely disastrous.

Is it easy to get U.S. citizenship back?

As a practical matter, seeking reinstatement of citizenship through a lawsuit is expensive and procedurally difficult, in part because of the costs of federal litigation, confusing rules regarding the proper court in which to bring such a lawsuit, and a five-year statute of limitations.

What happens if you fail the test are you still eligible for citizenship?

If You Fail the U.S. Citizenship Tests the Second Time

At this third hearing, you will get a third chance to pass the test(s). If you fail again, your citizenship application will be denied and you will have to reapply after studying and preparing some more.