Naturalization Denials Are Rising: Public Benefits, Affidavit of Support, and Fraud Risks You Must Know

Naturalization Denials Are Rising: Public Benefits, Affidavit of Support, and Fraud Risks You Must Know

If you are applying for U.S. citizenship, you may believe that your past immigration issues no longer matter. Unfortunately, that assumption is becoming increasingly dangerous. USCIS is denying naturalization applications at a growing rate for applicants who received public benefits when a sponsor had signed an Affidavit of Support (Form I-864) — especially when the government believes there was fraud, concealment, or misrepresentation.

I am seeing this trend firsthand. Applicants who have lived in the U.S. for years, paid taxes, and maintained lawful permanent resident status are shocked when their N-400 is denied, or worse, when removal proceedings are initiated.

This article explains what is happening, why it matters, and how to protect yourself before filing for citizenship.

What Is an Affidavit of Support — and Why It Still Matters at Naturalization?

When you obtained your green card through a family-based petition or certain employment-based cases, your sponsor likely signed Form I-864, Affidavit of Support.

By signing that document, the sponsor made a legally enforceable promise to the U.S. government that:

• They would financially support you
• You would not rely on means-tested public benefits
• If benefits were used, the government could seek reimbursement from the sponsor

Many applicants believe this obligation ends once they receive a green card. That is incorrect.

The Affidavit of Support remains enforceable until one of the following occurs:

• You become a U.S. citizen
• You earn 40 qualifying quarters of work
• You permanently leave the U.S.
• You pass away

Until then, USCIS may scrutinize your benefit usage — even years later — at the naturalization stage.

The Key Issue USCIS Is Focusing On: Fraud

Naturalization denials are not simply about receiving public benefits.

The real issue is fraud.

USCIS is asking:

• Did you apply for benefits you were not eligible for?
• Did you fail to disclose that you had a sponsor?
• Did you misrepresent your household income or support?
• Did you falsely claim that you had no financial help?

If USCIS concludes that you knowingly concealed your sponsor or financial support, the government may allege:

• Willful misrepresentation
• Fraud to obtain a government benefit
• Lack of good moral character
• Procurement of immigration benefits by fraud

Any of these findings can be fatal to a naturalization case.

Why This Is Becoming More Common Now

Several factors are driving this increase in denials:

1. Enhanced Data Sharing

USCIS now cross-checks:

• USCIS records
• Benefit-granting agencies
• Tax filings
• Prior immigration applications

What you declared years ago is easily compared to what you are saying today.

2. Longer Look-Back at Moral Character

While the statutory good moral character period is typically 3 or 5 years, USCIS may look far beyond that if there is evidence of fraud.

There is no statute of limitations on fraud in immigration law.

3. Aggressive Naturalization Scrutiny

Citizenship applications are no longer treated as routine. USCIS is using the N-400 process to re-examine the entire immigration history, including events that occurred before you became a permanent resident.

Which Public Benefits Raise the Most Red Flags?

The most problematic cases involve means-tested public benefits, such as:

• Supplemental Security Income (SSI)
• Temporary Assistance for Needy Families (TANF)
• Certain state cash assistance programs
• Medicaid (in specific contexts)
• SNAP (food stamps), depending on eligibility and disclosures

The issue is not always the benefit itself — it is how the benefit was obtained.

If the application required disclosure of:

• A sponsor
• Household income
• Financial support

And that information was omitted or falsified, USCIS may treat the conduct as intentional deception.

How This Affects Good Moral Character

To naturalize, you must show good moral character under INA § 316 or § 319.

USCIS may find a lack of good moral character if you:

• Committed fraud or misrepresentation
• Gave false testimony for an immigration benefit
• Engaged in unlawful acts reflecting moral turpitude

Receiving public benefits alone does not automatically disqualify you.
Fraud connected to receiving benefits absolutely can.

Real-World Consequences I Am Seeing

In practice, these cases often result in:

• Naturalization denial
• Referral to ICE
• Issuance of a Notice to Appear (NTA)
• Re-opening of the original green card case
• Allegations that permanent residence was improperly obtained

For some applicants, citizenship denial is only the beginning of a much more serious legal battle.

What You Should Do Before Filing for Naturalization

If you ever received public benefits after your sponsor signed Form I-864, you must proceed carefully.

Before filing Form N-400, you should:

• Obtain records of all public benefits received
• Review benefit applications for disclosures made
• Analyze whether the benefits were lawfully granted
• Evaluate whether any misstatements were material
• Prepare legal explanations and evidence before USCIS raises the issue

Filing without addressing these risks is one of the most common and dangerous mistakes I see.

Can These Cases Be Fixed?

Sometimes — but only with the right strategy.

Possible approaches may include:

• Legal analysis showing benefits were lawfully received
• Proof that no misrepresentation occurred
• Evidence of lack of intent
• Strategic timing of filing
• Defensive planning in case of denial or referral

Every case is different. There is no safe “one-size-fits-all” answer.

Final Thoughts: Do Not Treat Naturalization as a Simple Application

Naturalization is not just a form. It is a full legal review of your life in the United States.

If your immigration history includes:

• A financial sponsor
• Public benefits
• Inconsistent statements
• Prior omissions

You should not file without a careful legal assessment.

Mistakes at the citizenship stage can cost far more than a denial — they can put your lawful status at risk.

Speak With an Immigration Lawyer Before You File

If you are concerned about public benefits, Affidavits of Support, or fraud allegations in a naturalization case, you should get legal advice before submitting anything to USCIS.

📞 Call or text: 917-885-2261
🌐 www.shautsova.com

Protect your future. Citizenship should be the end of your immigration journey — not the beginning of a new problem.