Almost every day the U.S. Citizenship & Immigration Services is posting articles in their newsroom and alerts on social media with stories of people whom they’ve arrested and deported, some of whom were in the process of applying for U.S. citizenship. News reports about immigration enforcement, detentions, and people being picked up at government offices have created real fear. In this current environment, many permanent residents are asking “Is it safe to apply for citizenship right now?”
These stories understandably make some permanent residents hesitate before taking the next step. While the concerns are valid, the truth is that for most green card holders, applying for citizenship remains not only safe but also one of the most important ways to protect themselves and their families.
Concerns About Enforcement at USCIS
A common fear we hear is that applying for citizenship could somehow “put you on the radar” with Immigration and Customs Enforcement (ICE). People worry that showing up for a biometrics appointment or naturalization interview might lead to arrest and deportation (removal) by immigration officers. However, USCIS does not have the authority to simply arrest or remove a permanent resident from the U.S. without cause and without following established procedures. Permanent residents are afforded many rights and legal protections, and the government must follow specific steps if they want to try to remove these individuals from the country. For the vast majority of applicants, the naturalization process is safe.
When Caution Is Warranted
There are certain situations, however, where applying without careful legal review could be risky:
- Prior Criminal History: Even minor offenses from many years ago can sometimes be an issue. Some crimes may not only affect eligibility for citizenship but could also trigger removal proceedings.
- Old Removal or Deportation Orders: If you ever had a case in immigration court, even one you believe is long behind you, or if you had an encounter with immigration officials at the border, it’s important to confirm whether this was properly resolved and disclosed at the time of applying for permanent residency.
- Misrepresentation or Immigration Fraud Issues: If you ever gave false or misleading information on a prior application for an immigration benefit, including a visa, this could resurface during the citizenship process. USCIS will review a citizenship applicant’s entire immigration file, including all previous applications and encounters with immigration officials, to ensure that permanent residency was correctly granted in the first place.
- Active Arrest Warrants: If you have an active arrest warrant for an unresolved criminal issue, you could be detained and transferred to law enforcement custody when attending an appointment with USCIS, like a citizenship interview. It is important to make sure that any criminal case has been resolved before applying for citizenship.
For individuals in these categories, it is essential to speak with an immigration attorney before filing. A thorough legal review can identify risks and help you make an informed decision.
Why Applying Still Makes Sense
For most permanent residents, applying for citizenship remains the best way to secure your future in the U.S. Citizenship protects against deportation, allows you to petition for more family members, and gives you access to full civic rights, like the ability to vote. In today’s climate, waiting often creates more uncertainty. Immigration laws and policies can change quickly. Acting now—while you are eligible—may actually be safer than waiting for an unknown future.
Practical Steps Before Applying
If you are considering applying, here are a few steps to take:
- Gather Your Records: Collect information about past immigration applications, court records, and travel history.
- Review Your History Carefully: Think about any arrests, tickets, or prior immigration issues that could come up.
- Consult a Professional: Even if you believe your case is straightforward, a brief consultation can give peace of mind, and in some cases help avoid major problems. As immigration attorneys we often see cases where permanent residents apply for citizenship on their own, and then come to our office seeking assistance when an issue arises. A brief consultation can help avoid many of these problems in the first place.
We Are Here to Help!
The decision to apply for U.S. citizenship is personal, and it’s normal to feel worried given the news about immigration enforcement. But for most people, the benefits far outweigh the risks. If you are eligible, it may well be the right time to take the next step toward citizenship. We are here to help!
