Applying for U.S. citizenship through naturalization is a major milestone for many immigrants who have made the United States their home. However, not every application is approved. If the U.S. Citizenship and Immigration Services (USCIS) denies your naturalization request, it can feel like your dream has been crushed, but it doesn’t have to end there. You still have legal options and the right to appeal or reapply under certain circumstances.

Common Reasons USCIS Denies Naturalization Applications

Before taking your next step, it’s important to understand why USCIS may have denied your application. The agency carefully reviews every naturalization case, and even minor mistakes or inconsistencies can result in a denial. Here are some of the most common reasons:

• Failure to meet residency requirements: You must demonstrate continuous residence and physical presence in the U.S. for a specific period (usually five years for most applicants).
• Criminal history: Certain offenses, such as aggravated felonies or crimes involving moral turpitude, can make you ineligible for naturalization.
• False statements or misrepresentation: Providing inaccurate information, even unintentionally, may be considered fraud.
• Failure to demonstrate good moral character: USCIS assesses your behavior and honesty over the statutory period leading up to your application.
• Poor English or civics test performance: Applicants must pass tests demonstrating basic English proficiency and knowledge of U.S. history and government, unless exempt.

Knowing the reason behind your denial is the first step toward resolving the issue. USCIS will provide a written explanation, detailing the grounds for the decision and instructions for how to appeal or reapply.

Your Right to Request a Hearing with USCIS

If USCIS denies your Form N-400 (Application for Naturalization), you have the right to request a hearing to challenge the decision. This process is known as an administrative appeal and is done by filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings.

The appeal must be filed within 30 days of receiving your denial notice. During this hearing, a different USCIS officer, one who was not involved in your initial application, will review your case. You’ll have the opportunity to present new evidence, clarify misunderstandings, and provide documentation that supports your eligibility for citizenship.

This is often the stage where many applicants choose to work with experienced naturalization attorneys. Legal representation ensures that all paperwork is properly completed, deadlines are met, and your rights are fully protected throughout the appeal process.

Filing an Appeal in Federal Court

If your appeal through USCIS is unsuccessful, you still have another option. You can request a review of your case in U.S. federal district court. This step allows a federal judge to independently assess the evidence and determine whether USCIS made an error in denying your naturalization application.

While federal appeals are more complex, they can be effective for applicants who believe their case was mishandled or improperly evaluated. It’s important to note that the federal court will look at your case from the beginning, not just the information used by USCIS during the initial decision. That means additional evidence can be introduced to strengthen your argument.

Because of the complexity of this process, applicants should not attempt a federal appeal without professional legal support. A knowledgeable immigration attorney can craft persuasive legal arguments, prepare documentation, and represent you in court proceedings.

When It’s Better to Reapply Instead of Appealing

In some situations, filing a new naturalization application may be more practical than appealing. For example, if your denial was based on temporary ineligibility, such as not meeting the continuous residence requirement, you might simply need to wait until you qualify again.

Reapplying can also make sense if new positive factors strengthen your case, such as improved moral character evidence or successful completion of the English and civics tests. However, before reapplying, make sure the underlying issue that caused your denial has been resolved. Submitting a new application with the same problem will likely result in another rejection and additional filing fees.

An attorney can review your previous denial notice and advise whether reapplying or appealing gives you the best chance of success. Sometimes, combining both strategies, correcting previous mistakes and filing a new application after addressing eligibility issues, can lead to a successful outcome.

How an Immigration Attorney Can Help You After a Denial

Navigating a naturalization denial is challenging, but having the right legal guidance makes a significant difference. A seasoned immigration attorney can:

• Analyze your denial notice and identify potential legal or procedural errors.
• Prepare and file the N-336 appeal form within the required timeframe.
• Gather and organize evidence to strengthen your case.
• Represent you at the USCIS hearing or in federal court if necessary.
• Advise on whether to appeal or reapply based on your personal circumstances.

Attorneys also provide valuable support during the stressful process of navigating government bureaucracy. They help ensure that your rights are respected and that your application receives fair and thorough consideration.

Take the Next Step Toward U.S. Citizenship

If your naturalization application has been denied, don’t lose hope. With the right strategy and professional support, you may still achieve your dream of becoming a U.S. citizen. At Bartell, Georgalas & Juarez, we’ve helped countless clients overcome denials and move forward successfully with their cases. To learn how we can assist you, contact us today. Let’s take the next step toward your future as a U.S. citizen together.