avigating the U.S. immigration system can be complicated for those seeking American citizenship through naturalization. Even when an immigrant meets all eligibility requirements and submits a complete naturalization application, U.S. Citizenship and Immigration Services (USCIS) may deny the application if issues arise during the review process.
LaToya McBean Pompy is a New York immigration lawyer who immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
Why Was Your Naturalization Denied?
If your Form N-400 application for naturalization gets denied, don’t panic. While frustrating, a denial is not the end of the process. Understanding the most common reasons applications get denied can help you evaluate your options. A New York immigration attorney can advise you on the best path forward.
This article from the New York immigration lawyers at McBean Law covers the reasons for naturalization denial and what to do next if your citizenship application gets rejected.
1. Continuous Residence Issues
To qualify for U.S. citizenship through naturalization, you must have resided in the country for a specified number of years before applying. For most applicants filing under general eligibility rules, continuous five-year residence is required. USCIS strictly monitors continuous residence requirements when reviewing naturalization applications. Any trip abroad over six months during the five-year residency period triggers scrutiny. Trips over one year break continuity and lead to automatic denial.
Beyond physical presence, continuous residence also involves maintaining a primary home in the United States. Frequent travel, overseas home ownership, or other ties abroad may jeopardize your ability to naturalize by raising questions about where your permanent home lies.
If USCIS determines that you failed to meet continuous residence rules, a New York immigration lawyer can help you understand where the gaps existed and options to correct them. This may involve waiting to reapply until you reach the required residency timeline.
2. Good Moral Character Issues
Naturalization applicants must show good moral character (GMC) during the five years before filing and additionally when USCIS issues a decision. Certain criminal convictions, false testimony, tax fraud, or other “bad acts” may be a disqualifying factor.
However, not all crimes lead to automatic denial on moral character grounds. Only convictions or admissions related to aggravated felonies, crimes involving moral turpitude, or multiple offenses over one year of imprisonment affect honest character assessments.
If your application gets denied because of a past mistake, a naturalization lawyer can determine if an appeal or waiver is available. With sound legal advice, many good moral character denials can be overcome.
3. Insufficient Knowledge of English and Civics
A central requirement for U.S. citizenship is demonstrating basic English language skills and knowledge of American history and government. Applicants for naturalization prove such knowledge by passing standardized tests.
Failing the literacy or civics exam leads to automatic denial of citizenship applications. However, those denied have alternative options. You can retake failed tests by filing a new Form N-400 application.
Practicing for the English and civics exams under the guidance of an experienced New York immigration attorney may help you successfully pass on subsequent tries. Some applicants may also qualify for exemptions from testing due to age, permanent disability status, or other hardship scenarios.
4. Fraud and Willful Misrepresentation
Perhaps one of the most severe barriers to obtaining U.S. citizenship is getting flagged for fraud or willful misrepresentation. Intentionally deceiving USCIS at any point in the immigration or naturalization process is a detrimental offense.
Common examples include lying on applications, presenting fake documents, entering a fraudulent marriage to get a green card, etc. But even innocent mistakes can trigger fraud allegations and denial of naturalization if USCIS concludes you tried hiding something negative.
Rebutting charges of fraud requires experienced legal guidance. An attorney focusing on immigration law in New York may negotiate with USCIS over misconduct concerns or bring convincing evidence to demonstrate your actions lacked willful intent.
5. National Security and Public Safety Concerns
USCIS conducts background checks on all citizenship applicants to verify identity and check for issues that may impact public safety or national security. Associations with criminal enterprises, terrorist groups, communist regimes, or other anti-American activity leads to denial.
While less common, these naturalization denials tend to permanently bar applicants from U.S. citizenship unless underlying concerns get fully resolved. This usually requires cooperation from other federal agencies and extensive negotiations.
What To Do If Your Naturalization Gets Denied?
Receiving naturalization denial can be discouraging, but under the guidance of an experienced New York immigration lawyer, many denied applicants successfully earn approval on appeal or during subsequent application filings.
If your Form N-400 gets rejected, take the following steps:
Review the Denial Notice Carefully
Make sure you understand all the reasons your citizenship application was denied. Look closely for details on where USCIS believes you failed to meet naturalization eligibility rules. Also, check whether the notice includes instructions for requesting a hearing.
Evaluate Your Appeal Options
You typically have 30 days from receiving an N-400 denial notice to file an administrative appeal. Experienced New York naturalization attorneys can advise whether appealing makes strategic sense based on why your application was rejected.
Correct Any Application Defects
For denials related to continuous residency, moral character, civil documents, or other technical eligibility criteria, determine what gaps exist and how to resolve them. This may involve collecting new evidence, changing behaviors, or waiting for certain time bars to lift before reapplying.
Consider Declaratory Judgement
Naturalization applicants denied due to background check delays can file for declaratory judgment after 120 days. This asks a federal court to decide on your eligibility. Qualified New York immigration lawyers can help file declaratory solid judgment cases.
Request a Hearing
If your denial notice includes hearing options, act promptly to schedule one. This allows you or your attorney to argue and present evidence supporting your eligibility to USCIS officers in person.
Don’t Apply Again Until All Concerns Are Resolved
You filed new naturalization paperwork without addressing why your earlier application was denied and risk receiving another rejection. Work with an experienced naturalization denials lawyer to fill all gaps before attempting to reapply.
Don’t Travel Abroad Without Guidance
Receiving an N-400 denial may impact your lawful status depending on what existing visas or green cards you hold. An immigration lawyer focusing on naturalization and citizenship can advise if any travel risks exist due to the denial.
FAQs
Navigating the next steps after your Form N-400 gets denied leads to many questions for citizenship applicants. Here are answers to some frequently asked queries:
1. Does A Naturalization Denial Mean I Get Deported?
Likely not. Application denial alone rarely leads to immediate deportation orders unless the rejection uncovered serious crimes or fraud triggering removal procedures. Generally, you must receive notice of intent to issue a deportation charge before physical expulsion occurs.
2. How Many Times Can I Retry After Denial?
No formal limit exists on retaking the citizenship test or refiling Form N-400 after denial, assuming you are eligible to naturalize. However, each subsequent denial makes achieving future approval more difficult. Working with an immigration attorney minimizes unnecessary denials.
3. Can I Still Get Citizenship If Denied for Failure to File Taxes?
Yes, with a strong New York immigration lawyer’s help. Begin gathering tax records, pursuing penalties and back taxes owed, or filing for late exemptions. Once fully compliant with IRS obligations and any related penalties served, refiling typically proves successful.
4. Does Naturalization Denial Lead to Losing My Green Card?
Usually not unless the rejection revealed issues threatening removal, like undisclosed severe crimes. Most standard eligibility-criteria denials don’t impact existing lawful permanent resident (LPR) status. But check with an experienced immigration attorney before assuming protections still apply.
5. What Should I Do If My N-400 Got Denied Due to Job Loss and Money Problems?
Financial difficulties are not typically grounds for denying an applicant during the naturalization process. However, if your financial difficulties prevent you from paying your taxes, consult an experienced New York naturalization attorney about how to resolve this problem.
Choosing a Naturalization Denials Lawyer
As illustrated above, immigration lawyers focusing on naturalization and citizenship processes can prove invaluable if your path to becoming a U.S. citizen faces denial setbacks. Connect today with the experienced New York naturalization attorneys at McBean Law to discuss your options.
Our experienced immigration attorneys at McBean Law can help determine your qualifications and guide you through the application process. Contact us today at 888)-462-4006 for a consultation to see if the naturalization appeals process suits your situation and goals.
