You met the naturalization eligibility requirements, passed the U.S. citizenship tests, and after the interview, a U.S. Citizenship and Immigration Services (USCIS) officer told you that you were approved for citizenship. Congratulations! That doesn’t mean you’re a U.S. citizen yet, however. You still need to take the oath of allegiance to the United States at a swearing-in ceremony. Though same-day ceremonies are sometimes available, it's equally possible that yours might not be scheduled for several weeks or even months. While you wait to take the oath, you must make sure not to do anything that will cause USCIS to change its mind about your eligibility for U.S. citizenship.
This article discusses some of the major mistakes people make, such as:
- moving outside the United States
- committing a crime
- joining an organization that's affiliated with Communism, terrorism, or something similar, and
- no longer living with the U.S. citizen spouse who was your basis for applying for three years rather than five.
By understanding these points, you can protect your right to become a naturalized U.S. citizen.
Moving Outside the United States Can Undo Your Citizenship Eligibility
If your plan is to move outside the United States after you get citizenship, don’t do it until after the oath ceremony. One of the rules for U.S. citizenship is that you must have resided continuously in the United States after getting your green card for at least five years (or three years, if married to a U.S. citizen) before filing your naturalization application and up to the time you take the oath.
You will lose continuous residence if USCIS finds that you are not maintaining a permanent dwelling place in the United States, even if you say you intend to move back someday soon. There are some job-related and other reasons that people living outside the United States can be considered not to have abandoned their residence in the United States, but overall, it’s not a good idea to spend any lengthy period of time abroad after your U.S. citizenship interview and before the oath ceremony.
Committing a Crime Can Destroy Your Citizenship Eligibility
Needless to say, committing a crime while you’re waiting to be sworn in as a citizen is not a good idea. This is because you must show that you continue to be a person of good moral character up to the time you take the oath of allegiance.
Certain low-level offenses, such as traffic tickets, won’t hurt you, but if you are arrested for anything at all, you should be worried that USCIS will change its mind about your good moral character. Speak with an immigration lawyer soon after any arrest or similar issue.
Even if you commit a crime and aren’t caught, USCIS wants you to confess it to them. The danger in keeping your mouth shut now is that if you are arrested for it later, after being sworn in as a citizen, USCIS might try to take away your citizenship for concealing the truth.
Before swearing you in as a citizen, USCIS will ask you specifically to disclose whether, since your citizenship interview, you have practiced polygamy, received income from illegal gambling, been a prostitute, procured anyone for prostitution or been involved in any other unlawful commercialized vice, encouraged or helped anyone to enter the United States illegally, illicitly trafficked in drugs or marijuana, given any false testimony to obtain immigration benefits, or become a habitual drunkard.
A yes answer to any of these questions will likely ruin your showing of good moral character. Again, however, a false "no" could lead to being stripped of citizenship later.
Joining the Wrong Organization Could Ruin Your Citizenship Eligibility
As you might recall, when you applied for citizenship USCIS asked you on your Form N-400 whether you were a member of the Communist party, anarchist group, or any other groups or organizations.
This is because membership in certain parties, groups, or organizations is either disqualifying or very suspicious to USCIS. Under the second Trump Administration, any support for the rights of Palestinians was looked upon with suspicion. For example, Secretary of State Marco Rubio declared that the U.S. government will deport green card holders who support Hamas, in attempting to justify its arrest and detention of Mr. Mahmoud Khalil, an advocate for Palestinian rights at Columbia University.
The time during which you’re waiting for your oath ceremony is not the time to join or give money to any organizations, no matter what. Just wait until you are sworn in as a citizen. You don’t need to give USCIS any reason to investigate you further.
Separating from Your Spouse (If You Took Advantage of the Three-Year Rule) Could Delay Your Citizenship Eligibility
If you were eligible to become a U.S. citizen after three years because you are married to a U.S. citizen—and you took advantage of that rule in timing your application—now is not the time to separate from, divorce, or otherwise stop living with your spouse.
The rule allowing you to become a citizen after three years requires you to live “in marital union” with your spouse until the time you take the Oath of Allegiance. If the spousal relationship is terminated or altered to such an extent that neither you nor your spouse can be considered to be residing together as a married couple, you will lose eligibility for citizenship now. (You can reapply later, under the usual five-year rule.)
Finalizing a divorce before the oath ceremony will obviously disqualify you. A legal separation has the same effect, even if you and your spouse still live together.
An informal separation from your U.S. citizen spouse disqualifies you unless you continue to live together. Then a USCIS officer will make a decision about whether your separation “suggests the possibility of marital disunity.” Among other things, the officer can look at how long you’ve been separated, whether you and your spouse continue to support each other and your children (if any), whether you intend to separate permanently, and whether you or your spouse are involved in a relationship with someone else.
There are only a few situations in which you or your spouse moving out won’t hurt you. USCIS wants the circumstances of your separation to be beyond your control, such as military service or essential business or job demands.
Should I Hire a Lawyer?
If a change in your life circumstances has got you worried that you'll lose eligibility for U.S. citizenship, by all means hire an experienced immigration attorney. See, for example, Is It Worth the Cost of Hiring a Lawyer to Help Me Apply for U.S. Citizenship?.