Federal Court Review of Naturalization Denial

Challenging Unjust U.S. Citizenship Denials in Federal Court

If your naturalization (Form N-400) application was denied, it doesn’t have to be the final decision. Under 8 U.S.C. § 1421(c), individuals who have been denied U.S. citizenship by U.S. Citizenship and Immigration Services (USCIS) have the right to seek an independent review in federal court. This means a federal judge – and not USCIS – will re-evaluate your case and make a final determination.

At Benach Pitney Reilly Immigration, we help individuals challenge wrongful naturalization denials in federal court, ensuring they receive a fair and lawful review.

If your U.S. citizenship application was denied, don’t wait. Contact us today to discuss your legal options.

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When Can You Challenge a Naturalization Denial in Federal Court?

You may file a federal court review of your naturalization denial if:

  • USCIS wrongly denied your N-400 application.
  • You exhausted administrative review by filing Form N-336 (Request for a Hearing on a Decision in Naturalization Proceedings) and were denied again.
  • You believe the denial was based on legal errors, procedural mistakes, or misinterpretation of evidence.
  • You meet all eligibility requirements for U.S. citizenship.

🚨 Important: Filing a federal court lawsuit is a powerful legal option because the court has the authority to review your case independently and even approve your citizenship without sending it back to USCIS.

Common Reasons for Wrongful Naturalization Denials

USCIS may wrongfully deny a citizenship application for a variety of reasons, including:

USCIS erroneously concluded that the applicant was not “lawfully admitted for permanent residence”

  • USCIS states that your permanent residence was granted in error
  • USCIS states that your permanent residence was obtained through fraud or misrepresentation

Errors in Determining Good Moral Character

  • Past offenses were minor but misinterpreted as serious crimes.
  • USCIS ignored rehabilitation evidence or mitigating factors.

 

Misapplication of Residency & Physical Presence Rules

  • USCIS wrongly concluded the applicant failed to meet continuous residence or physical presence requirements.

 

English & Civics Test Issues

  • Errors in evaluating medical waivers (Form N-648) for applicants who could not complete the test.

 

USCIS Failed to Properly Apply the Law

  • Misinterpretation of expedited naturalization under INA 319(b) (for spouses of U.S. citizens working abroad).
  • Failure to consider special naturalization exceptions for military service members.

 

If your naturalization was denied due to errors, a federal court appeal may be your best option.

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How to Challenge a Naturalization Denial in Federal Court

Step 1: File an N-336 Hearing Request

  • Before filing in federal court, you must first request an administrative review of your denial by filing Form N-336 with USCIS.

 

Step 2: File a Federal Lawsuit Under 8 U.S.C. § 1421(c)

  • If the N-336 hearing does not result in approval, you can file a petition for review in U.S. District Court.
  • Unlike other appeals, the federal court reviews your case independently rather than just checking for legal errors.

 

Step 3: Present Evidence in Court

  • The judge may conduct a de novo (new) review of your entire case, including testimony and evidence.
  • You may be allowed to present new evidence to support your eligibility.

 

Step 4: Court Decision

The federal judge may:

  • Approve your naturalization and grant citizenship directly.
  • Remand your case to USCIS with instructions to reconsider.
  • Uphold the USCIS denial if they find it was legally justified.

 

This is one of the few immigration cases where a federal judge has the power to grant citizenship directly.

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How can Benach Pitney Reilly Immigration Help?

Our team provides:

  • Case Analysis: Determining whether your naturalization denial qualifies for federal review.
  • Federal Litigation: Filing petitions in U.S. District Courts nationwide.
  • Legal Representation: Advocating for your citizenship before a federal judge.
  • Strong Legal Arguments: Proving USCIS misapplied the law or overlooked key evidence.

Denied U.S. citizenship? Our attorneys fight for your rights in federal court.

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Why Partner with Benach Pitney Reilly Immigration?

  • Personalized Strategy: Each case receives a tailored approach based on specific circumstances.
  • Proven Track Record: Success in uniting families through immigration solutions.
  • Clear Communication: Regular updates and transparency throughout the legal process.
  • Dedicated Advocacy: Persistent efforts to achieve favorable case outcomes.
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See What Our Clients Say About Us!

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