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If you are applying for citizenship with a lawyer & are denied citizenship will you be deported?

Downey, CA |

My dad is applying for US citizenship. He is married to my mom & has 3 kids; 18, 16, and 8. If he is denied citizenship will he be deported? Please help! I'm very worried!

Attorney Answers 4

Posted

If USCIS denies an application for naturalization, then that is simply what it is - denial of the application to become a US Citizen. Depending on the reason for the denial, USCIS could take the further step of placing the person in removal proceedings, and assert that the person should lose his/her permanent resident status. But again, denial of citizenship is not the same thing as loss of permanent resident status. You should consult with a lawyer about the situation.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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Posted

Depends on the reasons for the denial and whether or not he has any defenses against deportation and is successful in mounting them.

The Court of Appeals for the Third Circuit has stated that "Many courts have recognized that 'our immigration statutory framework is notoriously complex'" and that it is "ever changing"

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

It depends on the reason for denial. If he just cannot pass the test: it is not a big deal and he will still be in permanent resident status. If he has an aggravated felony conviction, he should have never applied for citizenship in the first place... (those are examples).

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

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Impossible to provide a meaningful answer without knowing all the facts behind that much feared possibility of denial. Usually, when USCIS denies an N-400 application, it stops there and does not affect one's green card status, UNLESS USCIS discovers that either:
1. "Material" fraud was committed in obtaining the green card status and that the applicant had no legal right to a green card, OR
2. The applicant has been convicted of a deportable offense or crime since obtaining his green card. Best to consult with an experienced immigration lawyer before filing the N-400.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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