Appeals for Citizenship Denials

Helping Applicants Challenge U.S. Naturalization Denials & Secure Citizenship

A denial of U.S. citizenship can be frustrating, but it does not have to be the end of your immigration journey. If USCIS denied your Form N-400 (Application for Naturalization), you may have the right to appeal the decision or seek judicial review in federal court. At Benach Pitney Reilly Immigration, we help applicants identify legal or factual errors in their case, file a timely appeal, and challenge citizenship denials in federal court if necessary.

Denied U.S. citizenship?

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Why are Citizenship Applications Denied?

After filing Form N-400 (Application for Naturalization), applicants attend a USCIS interview and citizenship test. If USCIS denies the application, they will issue a denial letter explaining the reason.

Common Reasons for Naturalization Denials

⚠️ Failure to Meet Residency Requirements

  • Applicants must meet continuous residence and physical presence requirements.
  • Extended travel outside the U.S. (especially over 6 months) can disrupt eligibility.


⚠️ Failure to Demonstrate Good Moral Character (GMC)

  • USCIS evaluates applicants’ criminal history, tax compliance, and honesty during the review period (typically 3–5 years before applying).
  • Common GMC issues: DUI convictions, unpaid taxes, failure to pay child support, immigration fraud.


⚠️ Failure to Pass the U.S. Civics or English Test

  • Applicants have two chances to pass both tests.
  • If they fail twice, they must reapply for naturalization.


USCIS Determines the Applicant Was Wrongly Granted Permanent Residence

  • If USCIS believes the applicant was mistakenly given a green card, it can deny naturalization.
  • This often happens if new evidence emerges about ineligibility at the time of green card approval.


USCIS Concludes That the Applicant Obtained Permanent Residence Through Fraud or Mistake

  • If USCIS suspects fraud in the initial green card application, they may deny citizenship.
  • This includes misrepresentation, fake marriages, or using false documents
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How to Appeal a Citizenship Denial (Form N-336)

If USCIS denies your citizenship application, you may request a hearing on the decision by filing Form N-336 (Request for a Hearing on a Decision in Naturalization Proceedings).

  • Must be filed within 30 days of receiving the denial notice.
  • Reviewed by a senior USCIS officer at the same field office that issued the denial.
  • Gives the applicant a chance to identify legal or factual errors in the denial decision.
  • If successful, USCIS will overturn the original denial and approve naturalization.

Taking a Citizenship Denial to Federal Court

If the N-336 hearing does not result in approval, the applicant may file a lawsuit in U.S. District Court to seek a new hearing before a federal judge.

When Can You Take a Citizenship Denial to Federal Court?

  • If USCIS wrongfully denied the application based on legal or factual errors.
  • If the denial was based on bad faith or misapplication of immigration law.
  • If the applicant exhausted all administrative remedies (i.e., completed the N-336 appeal process).

🚨Important: Federal litigation is complex and should be handled by an experienced attorney.

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How can Benach Pitney Reilly Immigration Help?

At Benach Pitney Reilly Immigration, we provide expert legal representation for individuals whose U.S. citizenship applications have been denied. Our services include:

  • Case Review & Strategy Development – Understanding the reason for denial and advising on the best course of action.
  • Filing Form N-336 & Representing Clients at the Appeal Hearing – Preparing strong legal arguments to overturn the denial.
  • Federal Court Litigation for Citizenship Denials – Handling lawsuits for wrongful naturalization denials.

Denied U.S. citizenship?

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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!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to your professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, your team demonstrated a genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone looking for a reliable, professional and efficient team for immigration matters and thank you. miss sarah pitney for helping me in this long process that gave everything so that i was in the best way thank you for everything"" - Carlos M.
""I cannot express enough gratitude to Benach Collopy LLP. Thanks to their professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, their team demonstrated genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Collopy LLP to anyone seeking a reliable, professional, and efficient team for immigration matters. Thank you for changing my life!"" - Alessia O.
""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.
""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.