Applying for U.S. Citizenship as a Former Asylee or Refugee & Related Legal Concerns
If you received a green card after coming to the U.S. as an asylee, you may eventually decide to apply for citizenship in this country. However, the benefits of citizenship come with certain risks in the application process. USCIS will conduct a thorough review of your immigration file going back to your arrival. If you know that you eventually will apply for citizenship when you arrive as an asylee, you will want to be aware of these risks so that you do not unwittingly harm your future application. If you are just now considering applying for citizenship, you should take certain factors into account when deciding whether this is the right path for you.
During this process, USCIS will check that the basis of your asylum application was legitimate. In other words, the information on your naturalization application should be consistent with your grounds for seeking asylum, and your life in the U.S. should support the grounds for asylum. If you fled your home country while claiming persecution on the basis of your religion, for example, USCIS may be suspicious if you practice a different religion after getting asylum in the U.S. However, this type of change does not necessarily indicate bad faith. You may be able to show that circumstances in your life significantly changed after you entered the U.S. To avoid a denial, though, you must supply a letter explaining the change in your circumstances, together with strong corroborating evidence. USCIS will be more likely to believe that you are acting in good faith if you address the potential inconsistency openly and directly.
Refugees may count all the years of their status as a refugee after entering the U.S. toward the five-year requirement, while asylees may count one year of their asylee status toward the requirement.
Review of Travel History
A foreign national can receive asylum in the U.S. only if they fear persecution in their home country. If USCIS finds that they regularly return to their home country, they may wonder whether the asylee actually feared persecution. Again, you should confront this potential inconsistency directly by writing a letter to explain the purpose of your trip and explain why the risk of persecution remained real. You might discuss the urgency of the basis for your trip and describe precautions that you took to protect your safety in your home country. Letters from family members and photos from your trip might illustrate these precautions. Or you might explain how the situation became safer in your home country between the time when you requested asylum and the time when you took the trip. Country conditions reports and news articles can help support your position.
Inaccuracies on the Application
It may be wise to address inconsistencies between a naturalization application and an asylum application or testimony before being asked.
If you make statements on your naturalization application that do not correspond to the statements on your asylum application or in your asylum testimony, you may need to address those inconsistencies. You should make sure to avoid any preventable mistakes while completing your naturalization application. If you are not able to explain inconsistencies, USCIS may deny your naturalization application and question the legitimacy of your asylum application. Some common inconsistencies include listing different relatives from the list on the asylum application, disclosing criminal convictions or arrests that predated the asylum application, or listing organizations to which you belong that did not appear on the asylum application. If the applications contain different information, but there is a legitimate reason for the difference, you should make sure to explain the reason to USCIS. You can address it in your naturalization application or in your interview. USCIS likely will view an inconsistency less suspiciously if you address it without being asked.
Other Issues to Consider
If you were in the U.S. between the ages of 18 and 25, you were required to register for the Selective Service. Failing to register may be an honest mistake, but it still can undermine your application for citizenship. (The Selective Service allows the U.S. to expand its military if a national emergency arises.) Also, if there is any possibility that you are on the Interpol wanted person list, you should consult an immigration attorney before applying for citizenship. Even if you are on the list by mistake, you may struggle to get approved.
Immigration Law Center Contents
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Immigration Law Center
- Green Cards and Lawful Permanent Residence in the U.S.
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Becoming a U.S. Citizen Under Naturalization Law
- Civics and English Language Tests Under Naturalization Law
- Risks of Applying for Citizenship
- Cancellation of Green Card After Citizenship Denial
- Cost of Applying for Citizenship
- Residency Requirement When Applying for Citizenship
- The Fingerprinting Requirement for Citizenship Applications Under Naturalization Law
- Who Is Legally Eligible for Expedited Review of a U.S. Citizenship Application?
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Applying for U.S. Citizenship as a Former Asylee or Refugee & Related Legal Concerns
- Fee Waivers When Applying for Citizenship & Potential Impact on Legal Eligibility
- The Naturalization Interview & Establishing Legal Eligibility for Citizenship
- Second Chance Naturalization Interviews & Proving Legal Eligibility for U.S. Citizenship
- Requesting a Hearing After Denial of U.S. Citizenship Under Naturalization Law
- Moving After Applying for Citizenship
- The Naturalization Ceremony & Legally Swearing Allegiance to the U.S.
- Muslim Applicants for Citizenship & Their Legal Options When Placed on the CARRP List
- Name Corrections & Legal Name Changes in the Naturalization Process
- Birthright Citizenship and Legal Acquisition or Derivation of Citizenship Through Parents
- When Military Service Members and Veterans May Have Legal Shortcuts to Citizenship
- Children of Refugees Legally Qualifying for Citizenship Through Derivation
- How Conditional Resident Status Can Legally Affect Applying for Citizenship
- When Foreign Nationals Affected by Domestic Violence May Have Legal Shortcuts to Citizenship
- Crimes That May Legally Prevent You From Receiving U.S. Citizenship
- Public Benefits & Legal Eligibility for U.S. Citizenship
- When Political Affiliations Can Legally Disqualify You From U.S. Citizenship
- Does an Extramarital Affair Legally Disqualify You From U.S. Citizenship?
- Impact of Bigamy or Polygamy on Legal Eligibility for U.S. Citizenship
- Does Failure to Register With the Selective Service Legally Disqualify You From U.S. Citizenship?
- When Absences From the U.S. Can Affect Legal Eligibility for Citizenship
- How Getting U.S. Citizenship Provides Legal Advantages
- Obtaining Legal Proof of U.S. Citizenship
- Voting Rights & Legally Registering to Vote After Receiving Citizenship
- Can U.S. Citizens Legally Hold Dual Citizenship?
- How Can U.S. Citizenship Be Legally Removed?
- Immigrant Visas Leading to Lawful Permanent Residence in the U.S.
- Non-Immigrant Visas Providing a Legal Basis for Temporary Residence in the U.S.
- Work Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Family Immigration Options Under the Law
- Investor Visas Providing Legal Status in the U.S.
- Visitor Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Student Visas Allowing Foreign Nationals to Legally Enter the U.S.
- Denials of Visas or Green Cards & Your Legal Options
- Consular Interviews When Seeking a Visa or Green Card
- VAWA Petitions for Foreign Nationals Affected by Domestic Violence & Seeking Legal Status in the U.S.
- How Children of Foreign Nationals Affected by Domestic Violence Can Legally Obtain Immigration Status
- Work Authorization for Foreign Nationals Without Green Cards
- How Foreign Nationals Unable to Return Home Safely May Legally Qualify for Temporary Protected Status
- Asylum for Foreign National Refugees
- Humanitarian Parole for Foreign Nationals With Compelling Needs
- Advance Parole for Foreign Nationals Living in the U.S. Without Green Cards
- Deferred Action for Childhood Arrivals (DACA) and Temporary Legal Protections From Deportation
- Visa Waiver Program for Brief Visits to the U.S. Without Formal Legal Status
- Grounds for Finding a Foreign National Legally Inadmissible to the U.S.
- How the Deportation Legal Process Works
- Appeals of Immigration Decisions Through the Legal Process
- LGBTQ+ Individuals Facing Immigration Legal Issues
- Inspections of Foreign Nationals Seeking to Legally Enter the U.S.
- Unlawful Presence in the U.S. & Legal Penalties
- Tax Law Issues for Visa or Green Card Holders
- Waivers of Legal Inadmissibility to the U.S.
- How a Criminal Record Legally Affects Immigration Status
- How Social Media Use Can Affect Legal Admissibility to the U.S.
- Immigration Law FAQs
- Immigration Legal Forms
- Find an Immigration Law Lawyer
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