Removal Proceedings and Naturalization
USCIS generally cannot grant ordinary naturalization while removal proceedings are pending. Once qualifying proceedings are pending, USCIS ordinarily denies Form N-400 under INA §318 without deciding whether the applicant otherwise satisfies the naturalization requirements. The immigration-court posture therefore must be determined before deciding whether to file, continue, appeal, or refile an N-400.
Can You Naturalize While in Removal Proceedings?
Ordinarily, no.
INA §318 restricts USCIS from granting ordinary naturalization while qualifying removal proceedings are pending.
USCIS's current policy directs officers to deny the N-400 based on the existence of the pending proceeding rather than adjudicating the naturalization application's substantive merits.
Limited statutory exceptions exist for certain military naturalization applicants.
“I Have an NTA” Does Not Tell the Entire Story
NTA Issued
DHS may prepare and serve a Notice to Appear charging the person with removability.
NTA Filed With Immigration Court
Filing with EOIR initiates the immigration-court proceeding for the purposes relevant to ordinary USCIS naturalization adjudication.
Proceedings Resolved
Termination, dismissal, a final removal order, relief from removal, or another court disposition can change the naturalization analysis.
USCIS Does Not Ordinarily Decide the N-400 Merits Once Proceedings Are Pending
Current USCIS policy directs officers to deny Form N-400 under INA §318 based solely on pending removal proceedings.
The officer should not decide whether the applicant has good moral character, continuous residence, qualifying marital union, or another contested naturalization issue as an alternative basis for the decision.
This distinction can matter later because the underlying merits may remain unresolved after the immigration-court case ends.
Administrative Closure Usually Does Not Make the Removal Case Disappear
Administratively Closed
Current USCIS policy treats administratively closed proceedings as still pending for ordinary INA §318 naturalization purposes.
Terminated or Dismissed
Where proceedings have actually been terminated or dismissed and no qualifying proceedings remain pending, the INA §318 procedural bar may no longer apply.
The actual immigration judge or BIA order should be reviewed.
Termination Can Reopen the Door to Naturalization
Once removal proceedings have been resolved in the applicant's favor, the applicant may again be able to pursue naturalization if all statutory requirements are satisfied.
USCIS policy specifically recognizes that, after resolution of the proceedings, the applicant may timely file Form N-336 or file a new N-400 if otherwise eligible.
Which route is preferable depends on what happened to the prior N-400, whether the N-336 deadline remains open, and whether any substantive naturalization issue still exists.
A Final Order Presents a Different Problem From Merely Pending Proceedings
If proceedings end with a final order of removal, the applicant ordinarily remains ineligible for naturalization under USCIS's current INA §318 policy.
A final-order case requires analysis of whether the order has been vacated or another recognized exception applies.
That subject is treated separately because the legal problem is no longer merely that proceedings are pending.
Removal Proceedings Can Begin While the Naturalization Application Is Pending
N-400 Filed First
Filing the naturalization application does not prevent DHS from initiating removal proceedings if DHS determines that the applicant is removable.
Proceedings Become Pending Before N-400 Decision
Current USCIS policy directs denial under INA §318 if qualifying removal proceedings are pending by the time USCIS decides the N-400.
Naturalization May Expose a Previously Unresolved Removability Issue
Criminal History
USCIS may identify a conviction that potentially makes the applicant removable.
Fraud or Misrepresentation
Review of the original green-card case may lead USCIS to question whether permanent residence was lawfully obtained.
Abandonment of Residence
Long-term residence abroad can cause USCIS to question whether LPR status was abandoned.
Prior Immigration Order
An old removal, deportation, exclusion, or other immigration-court record may be discovered during A-file review.
USCIS May Refer the Case Into Removal Proceedings
USCIS policy states that where a naturalization officer determines that an applicant is deportable, DHS may issue an NTA in accordance with governing NTA guidance.
After the NTA is filed with immigration court and proceedings are pending, USCIS should deny the naturalization application under INA §318.
The removal case then determines whether the applicant retains LPR status or receives any available relief from removal.
Being Placed in Proceedings Does Not Automatically Terminate LPR Status
An LPR placed into removal proceedings does not ordinarily lose permanent resident status merely because DHS issued charges.
Proceedings Pending
The applicant generally remains an LPR while the immigration court determines removability and any requested relief.
Final Removal Order
A final order can terminate the applicant's ability to rely on LPR status for naturalization and creates additional immigration consequences.
Winning the Removal Case Does Not Automatically Approve the N-400
Termination of removal proceedings or a grant of relief can eliminate the procedural INA §318 obstacle in appropriate cases.
USCIS may still need to adjudicate the ordinary naturalization requirements.
The immigration judge's decision should therefore be compared with the reason USCIS denied or held the N-400 to determine what remains to be decided.
Relief Preserving LPR Status and Naturalization Are Separate Adjudications
A lawful permanent resident in removal proceedings may, depending on the facts, seek cancellation of removal or another available form of relief.
A grant of removal relief does not itself confer citizenship.
After the immigration-court case ends, USCIS must still determine whether the person satisfies the requirements for naturalization.
A Previously Denied N-400 May Be Revisitable After the Court Case Is Resolved
Timely N-336 Available
USCIS policy recognizes that after resolution of removal proceedings, the applicant may timely request an N-336 hearing where the procedural requirements are satisfied.
New N-400
If an N-336 is no longer timely or a new filing is strategically preferable, USCIS also recognizes filing a new naturalization application after the proceedings have been resolved, assuming the applicant is otherwise eligible.
Do Not Assume the Immigration Court Case Automatically Extends Every Naturalization Deadline
Form N-336 has its own filing requirements and deadlines.
An applicant whose N-400 was denied because of pending removal proceedings should determine whether a timely N-336 is available once the court case ends or whether a new N-400 is the appropriate route.
The date of the N-400 denial and date of immigration-court resolution should be reviewed together.
Confirm the Exact Court Posture Before Filing N-400
Applicants sometimes know that they once received an NTA but do not know whether it was filed, whether proceedings remain open, or whether the case was terminated.
EOIR records, court orders, the A-file, and prior immigration counsel's file can determine whether INA §318 currently prevents naturalization.
How to Review a Removal-Proceedings History
Locate the NTA
Determine when it was issued, served, and filed with immigration court.
Determine the Current EOIR Posture
Identify whether proceedings are pending, administratively closed, terminated, dismissed, appealed, reopened, or completed by final order.
Identify the Charges of Removability
Determine whether the alleged ground also affects lawful permanent residence or another naturalization requirement.
Review Any Relief or Termination
Obtain the actual court order showing how the case was resolved.
Review the N-400 Procedural History
Determine whether an N-400 was already denied and whether N-336 remains available.
Reassess Naturalization After Court Resolution
Confirm that no remaining INA §318, lawful-admission, GMC, residence, or other eligibility problem remains.
Removal Proceedings & Naturalization FAQs
Can USCIS approve my N-400 while removal proceedings are pending?
Ordinarily no, except for limited military-service naturalization provisions.
Will USCIS decide whether I otherwise qualify for citizenship?
Current USCIS policy generally directs denial under INA §318 based solely on the pending proceedings rather than a decision on the naturalization merits.
Does simply receiving an NTA mean proceedings are pending?
The court-filing and procedural history should be checked. An NTA that has been prepared or served and an NTA filed with EOIR are procedurally distinct events.
What if my immigration case is administratively closed?
USCIS currently treats administratively closed proceedings as pending for ordinary INA §318 naturalization purposes.
What if the immigration judge terminated my case?
Termination can remove the pending-proceedings obstacle, although ordinary naturalization eligibility still must be established.
Can I file a new N-400 after proceedings are terminated?
Yes, if otherwise eligible. USCIS policy expressly recognizes a new naturalization filing after resolution of the proceedings.
Can I instead file N-336?
Potentially, if the N-336 is timely and procedurally available after resolution of the removal proceeding.
Does winning cancellation of removal automatically make me a citizen?
No. Immigration-court relief and naturalization are separate adjudications.
Am I still a permanent resident while removal proceedings are pending?
Generally, merely being placed into proceedings does not itself terminate existing LPR status.
What if the court enters a final removal order?
A final order presents a separate INA §318 problem and should be analyzed under the rules governing prior removal orders.
Can filing N-400 cause DHS to place me into removal proceedings?
Potentially. USCIS reviews criminal, immigration, residence, fraud, and lawful-admission history during naturalization and may identify alleged removability.
Does an NTA automatically mean USCIS was correct that I am removable?
No. The immigration court adjudicates removability and any available defenses or relief.
What if the NTA charges an old criminal conviction?
The criminal ground should be analyzed independently because it may affect both removal proceedings and later naturalization eligibility.
What if USCIS claims my green card was unlawfully approved?
That issue can affect both removability and INA §318 lawful-admission eligibility and should be addressed on both tracks.
Does administrative closure preserve my ability to naturalize?
Not under current USCIS policy because the proceeding generally remains pending.
Should I withdraw N-400 if an NTA is filed?
That is a case-specific strategic decision. Withdrawal does not terminate the immigration-court proceeding or resolve the underlying removability issue.
Can an N-336 overturn an immigration judge's removal order?
No. N-336 reviews the naturalization denial; challenges to an immigration-court order generally require the procedures available through EOIR or federal court.
Should I obtain the immigration-court file before filing N-400?
Yes where the procedural posture or outcome of a prior removal case is uncertain.
Continue Reviewing the Immigration Record
Removal Proceedings & Naturalization
In Removal Proceedings or Unsure Whether an Old Case Is Still Open?
The Messersmith Law Firm, P.A. represents clients in complex naturalization matters involving Notices to Appear, pending and prior removal proceedings, INA §318, lawful permanent residence, N-400 removal risk, N-400 denials, and N-336 hearings.
Request a Removal Proceedings ReviewThis website provides general information and does not create an attorney-client relationship. The effect of removal proceedings on naturalization depends on the NTA, immigration-court filing, current EOIR posture, administrative closure or termination, final orders, relief from removal, lawful permanent residence, jurisdiction, and current controlling law.