If you are a former asylee who acquired conditional or legal permanent residency (LPR) in America, you should pursue citizenship through naturalization. Essentially, obtaining citizenship will protect you from removal and give you a voting right and the capacity to travel outside of America without losing your permanent residency status.
Despite these benefits, seeking naturalization can be risky because it allows the United States Citizenship and Immigration Services (USCIS) to evaluate your immigration case and all your life events after asylum was granted. A former asylee pursuing naturalization should review and address these red flags because they could result in the denial of a naturalization application or deportation.
USCIS Will Authenticate Whether Your Application for Asylum is Real
USCIS will closely review your naturalization claim and history after obtaining conditional residency to ensure it is consistent with the reason for seeking asylum. You seek asylum for various reasons, including persecution or fear of persecution in your home country, because of the following:
- Religious beliefs.
- Nationality.
- Race.
- Political affiliation.
- Membership in a specific social group like the LGBTQ.
If you seek asylum fearing that you could be persecuted for being homosexual, your sexual orientation must be consistent with the purpose of seeking asylum. Otherwise, USCIS will assume you lied about being homosexual in your asylum application if you are in a romantic relationship with someone of the opposite gender or enter a heterosexual or straight marriage. The red flag could result in denying your naturalization request or removal.
Similarly, seeking asylum as a Christian cleric escaping persecution because of your religious beliefs, only to convert to a Muslim after obtaining asylum will raise red flags regarding reasons for asylum applications. The officers reviewing your application will think you lied and could be removed from the country.
Therefore, when seeking naturalization, you must have an experienced immigration attorney in your corner to explain the discrepancies in the application. If you do not do this, USCIS will conclude that your asylum application was not bona fide. Without a proper explanation of the inconsistencies, the application will be rejected. However, when you have an attorney representing you, they can explain the changes in your life after being granted asylum and provide supporting documents.
Do not wait until USCIS requests the necessary documents to prove your life changes. Show them you are honest by attaching the documents with the initial naturalization application. That way, the paperwork will address any concerns they could have regarding the application.
For example, if you arrived in the U.S. as a homosexual, you can argue that you discovered you were bisexual after setting foot on American soil. The assertion must be supported by documentation from your psychologist explaining the change in sexual orientation or a note from your wife detailing your sexual orientation. If you frequent LGBTQ bars, you can use receipts from the bar to show that you still associate with and are an active member of the LGBTQ body.
The USCIS Will Assess Your Travel History to Your Home Country
Consistency is critical to the USCIS. If you obtained asylum and became a legal permanent resident, frequent trips to your home country will raise red flags that you were not afraid of persecution. Instead, you were giving false information to obtain asylum. Apart from the frequent visits, if, immediately after obtaining asylum, you made a trip back to your mother country, the USCIS will grow suspicious.
Asylum offers an opportunity to live in America for individuals no longer safe in their mother country due to fear of persecution. Returning to the country that wanted to persecute you for your race, religion, or ethnicity shortly after acquiring asylum shows that the country was not as unsafe as you described in your asylum application, or the persecution risk was not as significant as you defined it.
If you make regular trips to your mother country or went there shortly after your application was granted, USCIS will need a valid explanation for the travel. Your immigration attorney should explain that you had an emergency that offset the persecution risk. Also, as you described in the asylum application, you must prove that the country was still unsafe during the trips.
Help USCIS understand the motives for going back to your former country and the measures you put in place while in place to guarantee your safety. Your immigration legal expert can give several valid reasons for the trips. For example, when you make a trip to your mother country two years after obtaining permanent residency, you can assert that the unsafe conditions in the mother country had changed within the duration, and it was safe to return. Your attorney can argue that when your sort asylum, the country was in a civil conflict, but by the time you traveled, the war had ended, and a peaceful political party was in power. You must back up these assertions with newspapers, articles, or reports on the resumption of peace in the country during your trip.
Alternatively, you can claim it was still unsafe even when you visited the mother country, but the matter you wanted to address outweighed the safety risks. Perhaps an immediate family member was seriously ill and was forced to travel to see them. Under the circumstances, you should detail to USCIS the safety measures you took to stay safe, like traveling on a different name or steering clear of public places. Besides, you can talk to the relatives or friends you associated with in the travel to write letters or provide pictures to show your cover.
If circumstances other than the ones mentioned apply to your case, establish the reason for the travel with the help of an immigration attorney and find proof that the trip did not weaken your original qualification for asylum.
USCIS Will Check Your Name in the INTERPOL’s Criminals or Terrorists List
To seek American citizenship through naturalization, you must demonstrate excellent moral character. However, if you have a criminal or terrorist record, you will hardly have a good moral standing. Therefore, USCIS will check your name on the INTERPOL’s list of wanted criminals and terrorists. Sometimes, the names of former asylees appear on this list.
You could find yourself on this list of wanted persons for several reasons. It could be an offense you committed while in your mother country, involvement in terrorist activity, or a matter of mistaken identity. Appearing on this list can severely dent your dreams of becoming an American citizen. So, when you are on the list and seek naturalization, talk to your immigration attorney first to understand the risks of being on the INTERPOL list and the precautions you can take to mitigate the risk.
A profound immigration attorney will argue that your name is mistakenly on the list. Again, if your name is on the list of wanted terrorists, the attorney can argue that you joined the organization but were unaware it was a terrorist group. Appearing on the list alone will adversely impact your eligibility for citizenship, so you need an attorney who can build solid explanations and convince USCIS that you are a person of good morals and should be granted citizenship.
USCIS Will Look into Your Selective Service Registration
Are you aware that every male American citizen or alien aged 18 to 25 has a legal obligation to register for the Selective Service? The registry makes your official name and physical address available to the government if they need to increase their military quickly in a crisis. Many asylees must be reminded of their obligation to enlist in the Selective Service, failure to which could jeopardize their naturalization application. Before applying for citizenship, you should discuss this obligation with your attorney. You can still register before submitting the application if you are within the provided age bracket.
USCIS Will Investigate the Discrepancies Between Your Asylum and Naturalization Application
Your statements in Form N-400 when applying for naturalization must be consistent with those in Form I-589 for asylum seekers. If the statements differ, USCIS will have a reason for denying your claim.
When you list all organizations, political parties, or groups you are a member of while seeking asylum but fail to mention them in your naturalization application, USCIS will have suspicions.
Additionally, it would help if you were cautious not to claim relatives in your N-400 Form that you omitted in Form I-589.
Furthermore, claiming you do not have a criminal or arrest record while the persecution in your mother country was for criminal activity will raise suspicions.
If any of these discrepancies apply to your petition, they could cast doubt on your FORM I-589 statements or result in denial of the naturalization application. It would be best to avoid making mistakes when filling out the N-400.
Nevertheless, when these discrepancies occur, you should explain them to USCIS. You should raise the inconsistencies in the initial N-400 and provide supporting documents. Also, it would help if you addressed these concerns in your interview. Coming clean about your errors or discrepancies could be the difference between approval and denial of your naturalization application. Even if the errors look small, consult an experienced immigration attorney to avoid hurting your dream of becoming an American citizen.
Naturalization as a Former Asylee
When seeking American citizenship by naturalization, you must prove you are a legal permanent resident. Luckily, you become a permanent resident after living in California for twelve months after your asylum application is approved. The government does not require asylum seekers to obtain LPR status. Nevertheless, when you wish to enjoy more benefits, like obtaining citizenship by naturalization, you must obtain a green card first.
Also, seeking LPR status is advantageous because you eliminate the risk of returning to your mother country when the situation improves, and the risk of persecution is low. Before you obtain LPR status as an asylee, you must satisfy the following conditions:
- You still risk being persecuted in your overseas country because of your beliefs, ethnicity, political opinion, or race.
- You have resided in America for at least twelve months and remain admissible.
- You were holding on to your asylum status and settled in America. If you obtain citizenship or permanent residency in a third country, travel outside the United States for six months, or make a trip to your home country will be deemed as abandoning your status.
The process of acquiring LPR status involves the following:
- Filling out I-485 for status adjustment.
- Completing I-693, which focuses on your medical report and vaccination records.
- Asylee status proof.
- Evidence that you have resided in California for over twelve months.
- Two passport-size photos.
Once you have received approval for a status adjustment from USCIS, you can apply for naturalization. However, risks are associated with pursuing naturalized citizenship as a former asylee, which could dent your eligibility. Consult with an immigration attorney to walk you through obtaining citizenship.
Eligibility for Naturalization
If you were a former asylum seeker and are now an LPR, you can apply to become an American citizen through naturalization after four years of obtaining the LPR status. Nevertheless, satisfying specific conditions before beginning the naturalization process would be best.
First, you must be 18 or older. However, as a senior citizen, your age can eliminate the need to take a civics and English test before being naturalized.
Similarly, you must have been a legal permanent resident physically present in California for two and a half years out of your five years of occupation. If you were out of the country for over six months but less than a year, the USCIS would rule that you did not abandon your status.
Also, you must demonstrate that you have been a law-abiding resident during your stay and have not picked up a criminal record. A conviction for a serious felony within five years will rule out your eligibility to be naturalized if it happened after November 29, 1990.
Again, you must demonstrate your loyalty to the American constitution and willingness to defend your nation. You can demonstrate loyalty by taking the loyalty oath.
As an applicant for naturalization, you should demonstrate your ability to speak, read, and write English. However, the elderly are exempted from the English proficiency test.
Moreover, you should demonstrate proficiency in American history and government ideas. When you have a mental or physical illness, this requirement is waived.
Lastly, it would help if you took the oath of allegiance to prove you support the principles and ideals of the nation.
Before filing the naturalization application, discuss your case with an immigration attorney to understand your qualifications.
Naturalization Steps
You can obtain naturalization as a former asylum seeker in California by following these steps:
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Establish Your Qualification for the Citizenship
It would be best to begin by recognizing that you are an LPR. Besides, you should satisfy other requirements provided in the law. If you are ineligible, it is probably because of a small matter that can be addressed. All you need is an attorney to determine your eligibility options. Ineligibility can be addressed by waiting longer before applying or performing specific activities.
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Complete N-400
Once you have consulted an attorney and corroborated your citizenship eligibility, the next step is to fill out Form N-400. Filling out the form is not easy because providing inaccurate information will create discrepancies with the one provided in the asylum application. This could result in the denial or delay of your naturalization request.
After you have filled out the form, you must pay an application fee of $640 and an additional $85 for fingerprinting. Again, you must attach a copy of your green card to the application. USCIS will notify you that your application has been received and provide your biometric service date.
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Biometric Appointment
USCIS will not start processing your application before checking your biometrics for criminal history. You will be informed of the biometric service date, so attend the meeting. USCIS will take your fingerprints during the appointment and run them through the FBI database for criminal records.
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Attend the Interview
USCIS will also inform you of your interview date after the biometrics. The interview involves a review of N-400 by an immigration officer to confirm whether the information provided is correct. Besides, the officer will test your American English and civics proficiency.
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Oath Ceremony
If you pass the interview and USCIS grants your request to be naturalized, you will attend a loyalty oath ceremony. Once you take the oath, you will be issued a naturalization certificate and become a legal American citizen.
Find a Reputable Los Angeles Immigration Attorney Near Me
As a former asylee seeking American citizenship by naturalization, you must know the risks involved. Issues like criminal records, frequent foreign trips, and application discrepancies could hurt your citizenship application or result in removal from the country. However, when you open up about these issues during the initial application and support your explanations with evidence, USCIS can grant your request.
If you want your naturalization process to succeed, consult a California Immigration Attorney. Our attorneys will help you identify the risks of seeking naturalization as a former asylee and address them for a streamlined application. Call us today at 424-789-8809 for a no-obligation consultation.