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5 Situations When You Should NOT Apply for U.S. Citizenship

Application to register Permanent residence or adjust status, I-797 C, Notice of Action, Case type I 485 next to Green card in envelope
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Thinking about applying for U.S. citizenship? Learn the 5 warning signs that mean you should wait—or risk losing your green card. Read before you apply.

At Landerholm Immigration, A.P.C., we believe in empowering immigrants with the knowledge to make the right decisions. While U.S. citizenship offers incredible benefits and security, not everyone should apply right away. In fact, applying too soon—or with red flags in your history—could put your green card and future in the U.S. at risk.

Here are five situations where applying for naturalization can backfire—and what to do instead.

1. You Have a Criminal Record—Even If It’s Old or Expunged

One of the most common (and dangerous) mistakes is thinking that a past conviction won’t matter because it was “minor” or expunged. Unfortunately, USCIS checks everything—and they don’t just go by what the court record says. They review your conduct, even if your record appears “clean” now.

This includes:

  • DUIs or drug offenses
  • Domestic violence charges
  • Theft or shoplifting
  • Fraud-related convictions

Even if your criminal history is from years ago or was “cleared,” failing to disclose it can be seen as fraud—and could result in deportation.

What to do: Talk to an immigration attorney before applying. We can help you determine whether your record is a deal-breaker—or if there’s a legal way forward.

2. You Have an Active Arrest Warrant or Unpaid Court Issues

Unpaid traffic tickets, a forgotten court date, or an outstanding bench warrant may seem like minor issues—but to USCIS, they’re red flags.

The naturalization process includes a full background check, and any open legal matter can lead to delays, denials, or worse.

What to do: Resolve any outstanding legal issues before applying. If you're unsure about your record, consult an attorney who can run a background check and advise you.

3. You’ve Spent Too Much Time Outside the U.S.

If you’ve taken long trips abroad or are spending more time outside the U.S. than inside it, USCIS may believe you’ve abandoned your lawful permanent residence.

This is especially risky if:

  • You were outside the U.S. for more than 6 months in one trip
  • You’ve spent more than half of the last 5 years abroad
  • You work or live primarily in another country

Even if you’ve re-entered the U.S. regularly, USCIS looks at your intent to live here permanently—and applying for citizenship might trigger an investigation.

What to do: If you’ve traveled a lot, consult with us before applying. We can assess your travel history and help you avoid jeopardizing your green card.

4. You Recently Divorced the Person Who Helped You Get Your Green Card

If you gained your green card through marriage and that relationship has ended, applying for citizenship too soon could raise questions about marriage fraud—even if the marriage was real.

USCIS scrutinizes:

  • The timeline of the marriage and divorce
  • How soon you applied after separation
  • Evidence of a bona fide (real) relationship

What to do: Wait until your legal situation is stable and consult an immigration attorney. We’ll review your file and advise whether it’s the right time to apply.

5. You Lied or Left Out Information on a Past Immigration Application

Maybe years ago you used a different name, misrepresented a fact, or left something out of a green card application. You’re not alone—but USCIS is now catching more of these discrepancies, especially with improved technology and record-sharing across agencies.

Past lies can lead to:

  • Denial of your citizenship application
  • Revocation of your green card
  • Possible removal proceedings

What to do: If you’re worried something in your past might come up, do not apply on your own. We’ll help you understand the risks—and your options.

Should You Apply for Citizenship Now? Let’s Talk First.

At Landerholm Immigration, A.P.C., we’ve helped thousands of immigrants decide when and how to apply for naturalization safely. Citizenship is powerful—but only if you're truly eligible and your record is clean.

⚠️ Don’t risk your green card. If you’re unsure, let us review your case first.

📞 Call us at (510) 488-1020 or

📅 Schedule a consultation today »

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