April 15, 2024
CATEGORY: Immigration
The naturalization process is complex and can be difficult to navigate. If your naturalization application is denied, you still have options to appeal or refile your application.
Whichever path you take, you should contact an immigration attorney who can help you understand why your application was denied and advise you on the best course of action going forward.
If your naturalization application is denied, you will receive a notice from the U.S. Citizenship and Immigration Services (USCIS) explaining the reasons for the denial. There are many reasons why naturalization applications may be denied.
The naturalization residency requirement involves both continuous residence and a physical presence.
You must have resided continuously in the United States for at least five years before applying for naturalization. One exception to this is if you’re married to a U.S. citizen, which only requires three years of continuous residency.
You may take brief and occasional trips outside the country. Extended absences outside the United States may disrupt your proof of continuous residence.
You must have been physically present in the United States for at least half of the five years before filing your naturalization application. This means you must have spent at least 913 days in the United States during the five years.
There are no explicit financial requirements for naturalization to the United States. However, you must show that you can support yourself and your family without relying on public benefits. That means you must be able to provide for your own basic needs, such as food, housing, and clothing. You must also be able to pay for your own medical expenses. This can be demonstrated by showing you have employment, significant assets, or sponsorship.
The naturalization test evaluates your English language skills and your knowledge of U.S. history and government.
The English test assesses your ability to read, write, and speak English in ordinary usage. The test includes tasks such as reading and understanding a passage of text, writing a short essay, and answering questions about American history and government.
The civics test assesses your knowledge of U.S. history and government. The test consists of 20 questions that are randomly selected from a 100-question pool. You must answer correctly six out of ten questions to pass the civics test.
You may be denied naturalization for failing to demonstrate good moral character. This means that you may have committed serious crimes, such as a felony. You also cannot engage in any other activities that would call your character into question.
If your naturalization application is denied, there are two main options for you: appeal the decision or refile your application. Here are some specific steps you can take if your naturalization application is denied:
You may request an appeal of your denial of naturalization. To do this, you should file Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, within 30 days of receiving the denial notice. The appeal will be reviewed by an immigration officer.
A naturalization appeal hearing is an opportunity for you to challenge the denial of your naturalization application. The hearing is conducted by an immigration officer who will review your file and listen to your testimony.
Before the hearing, you should prepare your arguments, gather evidence, and rehearse your testimony. You should:
Here are some tips that can help on the day of the hearing:
After the hearing, an immigration officer will decide on your appeal. You will receive a decision notice in writing.
If your appeal is denied, you may be able to file a petition for review with the federal court. This is a more complex legal process, and you may want to consult with an immigration attorney to discuss your options.
The denial of your naturalization application does not have to mean the end of your dreams. An immigration lawyer with American Immigration Law Group can review your case and help you understand your options. We will build a successful path to citizenship for you.
Call us today at 314-416-8000 or use our online contact form to reach out to a United States immigration attorney.