Can A Detained Immigrant Apply For U.S. Citizenship?

While a detained immigrant may face challenges in applying for U.S. citizenship, it is still possible under certain conditions. To apply for citizenship, an individual must meet several eligibility requirements, including having a lawful permanent resident status (green card), residing in the U.S. for a set period, and demonstrating good moral character. Detained immigrants may encounter obstacles related to their detention status, legal proceedings, or criminal history, which could complicate or delay the naturalization process.

Eligibility for Applying for U.S. Citizenship While Detained:

• Permanent Resident Status: To apply for U.S. citizenship, the immigrant must be a lawful permanent resident (green card holder). If the individual is detained and does not have a green card, they cannot apply for citizenship. If they are a lawful permanent resident, they can proceed with the application process, even from detention.
• Residency Requirement: Generally, an applicant must have been a permanent resident for at least five years (three years if married to a U.S. citizen). During this time, they must have lived in the U.S. for at least half of the five-year period and maintained continuous residence. If a detained immigrant has met these residency requirements, they may be eligible to apply for citizenship, even if they are currently in detention.
• Good Moral Character: Applicants for U.S. citizenship must demonstrate good moral character, which includes adhering to U.S. laws. If the detained immigrant has any criminal convictions, it could be a significant barrier to applying for citizenship, as serious crimes can lead to disqualification or deportation proceedings.
• Age Requirement: Applicants must be at least 18 years old at the time of application. This is not an issue for most detained immigrants, as they would already meet this age requirement if they are eligible for naturalization.
• Physical Presence: The detained immigrant must meet the physical presence requirement. If they have been in detention for a lengthy period, their time in detention may not count toward the physical presence requirement, which could delay or affect their ability to apply for citizenship.
• Deportation or Removal Proceedings: If the detained immigrant is in removal or deportation proceedings, this can complicate their naturalization process. A person in deportation proceedings may not be eligible for citizenship until their case is resolved. However, if the deportation order is not final, they may still be eligible to apply.

Applying for U.S. Citizenship from Detention:

• Filing Form N-400: The immigrant must file Form N-400, Application for Naturalization, to begin the process of applying for U.S. citizenship. This form can be submitted while the immigrant is in detention, provided they meet the eligibility requirements.
• Interview and Test: Part of the naturalization process involves an interview and civics test. However, a detained immigrant may face difficulties attending the interview, as it is typically held in a local U.S. Citizenship and Immigration Services (USCIS) office. Arrangements must be made to allow the interview to take place while the individual is in detention, which may include transferring them to a facility closer to the interview location.
• Waivers for Certain Requirements: In some cases, a detained immigrant may be eligible for a waiver of certain requirements, such as the English language requirement or the civics test, especially if they are elderly or have a disability. This can be important for detained immigrants who face challenges in attending interviews or taking tests while in custody.
• Legal Assistance: It is advisable for detained immigrants to seek legal counsel when applying for citizenship. A lawyer can help navigate the complexities of the application process, including dealing with any legal issues that may arise due to the immigrant’s detention status, criminal history, or deportation proceedings.
• Approval and Oath of Allegiance: If the application is approved, the immigrant will need to take the Oath of Allegiance to officially become a U.S. citizen. For detained immigrants, this may require coordination with ICE and USCIS to arrange the ceremony while in custody.

Potential Barriers:

• Criminal History: If the detained immigrant has been convicted of certain crimes, such as aggravated felonies, this could prevent them from qualifying for citizenship. Criminal convictions could also lead to deportation, further complicating the naturalization process.
• Detention Status: If the immigrant is in detention due to ongoing immigration proceedings, it may delay or hinder their ability to complete the naturalization process. The individual’s detention status must be resolved before they can proceed with a successful citizenship application.
• Deportation Orders: If a detained immigrant is subject to a final deportation order, they may be ineligible to apply for citizenship until the deportation order is canceled or their status is changed. In this case, it’s important to seek legal counsel to explore potential options for canceling the order or appealing the decision.

Example:

A 40-year-old man from Honduras has been a lawful permanent resident of the U.S. for 6 years. While in immigration detention awaiting a decision on his asylum claim, he files a Form N-400 to apply for U.S. citizenship. He has met the residency requirement and has no criminal convictions. However, his asylum case is still pending, and his attorney is working to ensure that the naturalization process is not affected by his ongoing detention. After some delays, he is granted an interview at the detention facility, and he successfully completes the naturalization process.