Appeals for Citizenship Denials
- Home
- Practice Areas
- U.S. Citizenship
- Appeals for Citizenship Denials
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?
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
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.
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?
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.
See What Our Clients Say About Us!
Take the Next Step – Schedule a Consultation
Providing Immigration Services Nationwide & Locally in Washington, D.C.
Immigration matters require informed decisions and timely action. Professional legal guidance ensures a smooth and efficient process. Secure an opportunity to discuss case-specific needs and explore the best path forward.