What happens if Natur. applic. is denied?

[libiman]

What happens if application is denied?
Do you keep GC and may apply again for Naturalization?
Or denial is final??

 

[sanjoseaug20]

It depends on the reason the application is denied.
From your other thread it seems you are worried about your absences from US. If that's the only issue, you can re-apply later.
Denial can always be appealed.

 

[Jackolantern]

From best to worst, the result may be one of the following, depending on the reason for denial and the circumstances:

1. You appeal and are successful.
2. You keep your GC and you reapply immediately and are successful.
3. You keep your GC, and you reapply successfully after waiting long enough.
4. You keep your GC but you are permanently barred from naturalization.
5. Your GC is terminated and you revert to some other legal status (this may happen only if the GC was issued due to USCIS error with no fault on your part).
6. Your GC is terminated, you lose your legal status, but you are immediately eligible to reapply for a GC via AOS or CP
7. Your GC is terminated, you are deported.

 

[libiman]

Thanks a lot.
Yes, my question was if Denial means permanent denial or denial till you qualify again later.

Yes, my fear is if spending too much time out of usa I will permanently be barred from naturalization. That does not seem likely, a?

 

[sanjoseaug20]

They may not bar you from naturalization, but they may take away your permanent residence.

 

[nickua]

From best to worst, the result may be one of the following, depending on the reason for denial and the circumstances:

6. Your GC is terminated, you lose your legal status, but you are immediately eligible to reapply for a GC via AOS or CP
7. Your GC is terminated, you are deported.

What happens if person’s GC gets announced as revoked at interview? Would it mean that person won’t be let out the INS building and be moved to a detention center for a deportation from the USA? Or it still has to go through the court?

 

[sanjoseaug20]

How would that happen? They have to go through due process ... so it will go through a court, unless they already determined the person belongs to Guantanamo ;-)

 

[Triple Citizen]

Would it be correct to add number 8?

8. Your GC is terminated, you are arrested, charged, convicted, incarcerated and then deported.

From best to worst, the result may be one of the following, depending on the reason for denial and the circumstances:

1. You appeal and are successful.
2. You keep your GC and you reapply immediately and are successful.
3. You keep your GC, and you reapply successfully after waiting long enough.
4. You keep your GC but you are permanently barred from naturalization.
5. Your GC is terminated and you revert to some other legal status (this may happen only if the GC was issued due to USCIS error with no fault on your part).
6. Your GC is terminated, you lose your legal status, but you are immediately eligible to reapply for a GC via AOS or CP
7. Your GC is terminated, you are deported.

 

[Jackolantern]

Thanks a lot.
Yes, my question was if Denial means permanent denial or denial till you qualify again later.

Denial in and of itself only means your existing application was denied. Your naturalization possibilities after that depend on case-by-case analysis of the reason for denial and your overall circumstances.

Yes, my fear is if spending too much time out of usa I will permanently be barred from naturalization.

You will not be permanently barred from naturalization for that. If denied for lack of physical presence or continuous residence, you'll become eligible again if you wait until you've spent enough time in the US to meet those requirements.

 

[WBH]

Would it be correct to add number 8?

8. Your GC is terminated, you are arrested, charged, convicted, incarcerated and then deported.

Thta is still not the worst scenario

9. You are arrested and sentenced to life or death without even a chance for deportation

 

[WBH]

Would it be correct to add number 8?

8. Your GC is terminated, you are arrested, charged, convicted, incarcerated and then deported.

If a non-citizen is really setence to prison, can he get benefit of cutting setence by explaining he will be deported anyway or the senetcne years must be completed before deportation?

This assume his home country does not have a treaty with USA that mandate his home country to ensure he will be serve remianing senetcne after deportation in his home country's prison

 

[Jackolantern]

Would it be correct to add number 8?

8. Your GC is terminated, you are arrested, charged, convicted, incarcerated and then deported.

Yes, that's another possibility, although it must be very rare for somebody to be denied for a deportable offense for which they haven't already been arrested or charged before the oath.

#5 would also be very rare, since USCIS has a 5-year statute of limitations within which to initiate revocation of a GC that was issued in error. It would have to be somebody applying with the 3-year rule, or they initiated the revocation within the 90-day window before the 5-year anniversary. Unless they spontaneously initiated the revocation before that (i.e. not triggered by the naturalization application). And the circumstances would have to be such that the person is eligible to revert to pending AOS or another legal status.

 

[WBH]

Yes, that's another possibility, although it must be very rare for somebody to be denied for a deportable offense for which they haven't already been arrested or charged before the oath.

Immigration fraud can be found at the time of citizenrnship. If the government seek both criminal procecution and deporattion, then no 8 mentioned by Triple Citizen can happen

 

[Jackolantern]

Immigration fraud can be found at the time of citizenrnship. If the government seek both criminal procecution and deporattion, then no 8 mentioned by Triple Citizen can happen

True, but usually they only go for deportation.