Can you get deported while in the process of citizenship
Being in the process of obtaining U.S. citizenship does not automatically protect an individual from deportation. While lawful permanent residents on the path to naturalization generally have certain legal rights, they can still face removal proceedings if they violate immigration laws or commit criminal offenses.
Deportation risks may arise from reasons such as fraud in the application process, criminal convictions, or failure to meet residency requirements. Immigration status during the naturalization process is complex, and individuals must remain compliant with all regulations. Ultimately, citizenship is not guaranteed, and immigration enforcement can still take place even while someone is waiting to become a citizen.
Can You Get Deported While in the Process of Citizenship?
Yes, it is possible to be deported while in the process of obtaining U.S. citizenship, even after filing Form N-400, Application for Naturalization. Being in the naturalization process does not grant automatic protection from deportation. Permanent residents (green card holders) who are pursuing citizenship remain subject to the same immigration laws as other lawful permanent residents.
If an individual violates these laws—such as committing certain crimes, engaging in immigration fraud, or threatening national security—they can still be placed into removal (deportation) proceedings. Additionally, if U.S. Citizenship and Immigration Services (USCIS) discovers that a person obtained their green card unlawfully or through deception, that could lead to the initiation of deportation.
The key point is that naturalization is a privilege, not a guaranteed right, and it can be interrupted or denied if the applicant no longer meets eligibility requirements. Therefore, maintaining lawful status and avoiding conduct that could trigger removal is crucial throughout the entire citizenship journey.
Understanding Lawful Permanent Resident Status and Deportation Risks
Even as a lawful permanent resident (LPR) actively pursuing citizenship, you are not immune to deportation. Your green card grants you the right to live and work in the United States indefinitely, but that status can be revoked if you commit certain disqualifying acts.
Crimes involving moral turpitude, aggravated felonies, drug offenses, or violations of public charge rules may place you in removal proceedings. Additionally, failing to maintain a primary residence in the U.S., committing voter fraud, or providing false information on immigration documents can all jeopardize your status.
Importantly, the fact that you’ve applied for naturalization does not shield you from these consequences. USCIS may refer cases to U.S. Immigration and Customs Enforcement (ICE) if evidence of inadmissibility or deportability arises during the background check or interview process. Therefore, it's essential to remain compliant with all immigration and criminal laws while your application is pending.
How Criminal Activity Can Lead to Deportation During Naturalization
Criminal convictions are one of the most common reasons lawful permanent residents face deportation, even during the citizenship process. Certain offenses—such as domestic violence, theft, drug distribution, or DUI in repeat cases—can make an individual “deportable” under U.S. immigration law.
Even if a crime occurred years ago, it may resurface during the naturalization background investigation, potentially leading to removal proceedings. Moreover, pleading guilty—even to a minor offense—can have serious immigration consequences, regardless of the sentence. The immigration system does not always recognize plea bargains the same way the criminal justice system does.
If USCIS determines that your criminal history makes you inadmissible or a threat to public safety, they may deny your N-400 and refer your case to ICE. It’s strongly advised to consult with an immigration attorney before applying for citizenship if you have any criminal record, no matter how minor it may seem.
Immigration Fraud and Its Impact on Citizenship and Deportation
One of the most serious grounds for deportation during the naturalization process is suspicion or evidence of immigration fraud. This includes providing false information on your N-400 application, lying during your interview, concealing criminal history, or obtaining your green card through marriage fraud or other deceptive means.
USCIS conducts rigorous background checks and may cross-reference your claims with databases, tax records, and prior immigration filings. If inconsistencies are found, you could be accused of willful misrepresentation, which is grounds for both denial of citizenship and initiation of removal proceedings.
Additionally, if it’s discovered that your original lawful permanent resident status was obtained fraudulently, the entire foundation of your U.S. residency could be invalidated. Being honest and accurate on all forms and during interviews is critical, as even unintentional omissions can be interpreted as fraud under immigration law.
| Risk Factor | Example | Impact on Citizenship & Deportation |
|---|---|---|
| Aggravated Felony | Conviction for drug trafficking or violent crime | Automatic deportability; permanent bar to citizenship |
| Crimes of Moral Turpitude | Fraud, theft, or assault with intent | Potential deportation; denial of naturalization |
| False Claims to Citizenship | Claiming to be a U.S. citizen on official forms | May result in immediate inadmissibility and deportation |
| Marriage Fraud | Marrying solely to gain immigration benefits | Revocation of green card; deportation; criminal charges |
| Extended Absences from the U.S. | Living abroad for over one year without a re-entry permit | Abandonment of residency; ineligibility for citizenship |
Frequently Asked Questions
Can you be deported while applying for U.S. citizenship?
Yes, you can be deported while applying for U.S. citizenship if you violate immigration laws or commit certain crimes. Filing for naturalization does not guarantee protection from deportation. U.S. Citizenship and Immigration Services (USCIS) may refer your case to Immigration and Customs Enforcement (ICE) if you’re found inadmissible or deportable. It’s essential to maintain lawful status and avoid criminal activity throughout the process.
What crimes can lead to deportation during the naturalization process?
Crimes involving moral turpitude, aggravated felonies, drug offenses, and immigration fraud can lead to deportation during the naturalization process. Even minor criminal convictions may trigger removal proceedings. USCIS reviews your entire criminal history, and certain offenses can make you ineligible for citizenship and subject to deportation. Always disclose accurate information and consult an immigration attorney if you have a criminal record.
Does having a pending citizenship application stop deportation?
No, a pending citizenship application does not automatically stop deportation. You remain subject to removal proceedings even while your Form N-400 is being processed. Immigration authorities can still issue a removal order if you’re found deportable. However, you may request that the immigration judge continue your case until USCIS decides on your naturalization. Legal advice is strongly recommended in such situations.
Can marriage to a U.S. citizen prevent deportation during citizenship processing?
Marriage to a U.S. citizen does not automatically prevent deportation during citizenship processing. While it may make you eligible for certain immigration benefits, you can still be placed in removal proceedings if you violate immigration rules or commit crimes. The marriage must be genuine and documented. Being in the naturalization process offers no immunity, and you must meet all legal requirements to avoid deportation.
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