info@kasturilaw.com

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630-392-8101 | 630-392-8101
29 South Webster Street, Suite 370 Naperville,
IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

At Kasturi Law, LLC, our founding attorney, Shobhana Kasturi, brings over 27 years of legal experience, including over a decade dedicated to representing individuals and families across Illinois in immigration and nationality law matters.

This means we fully understand that receiving a denial for your naturalization application can be discouraging, especially after investing time, effort, and resources into becoming a U.S. citizen. However, a denial doesn’t mean the end of your journey. You have the right to appeal the decision, and several options are available to address the issues that led to the denial.

Naturalization Application Denied

Why Was Your Naturalization Application Denied?

Before diving into the appeal process, it’s essential to understand why your application may have been denied.

Common reasons include:

  • Failure to meet residency requirements: Applicants must meet continuous residency and physical presence requirements, typically living in the U.S. for at least five years (or three years if married to a U.S. citizen) before applying.
  • Lack of good moral character: A history of criminal convictions, failure to pay taxes, or other issues can affect your ability to demonstrate good moral character.
  • Failure to pass the English or civics test: Applicants must pass tests demonstrating their knowledge of English, U.S. history, and government unless they qualify for an exemption.
  • Inaccurate or incomplete information: Failing to provide complete, accurate information in your application or during your interview can lead to denial.
  • Failure to meet continuous residence or physical presence requirements: Spending extended periods outside the U.S. could disrupt your continuous residence requirement.

Once you receive the denial letter from U.S. Citizenship and Immigration Services (USCIS), it will outline the specific reason(s) your application was rejected. This document is crucial to guiding your next steps.

Steps to Appeal a Denied Citizenship Application

If your naturalization application has been denied, you can challenge the decision by filing an appeal. The process of appealing is known as a Request for a Hearing.

Here are the key steps involved:

Step 1: File Form N-336 (Request for a Hearing)

To initiate the appeal process, you must file Form N-336 (Request for a Hearing on a Decision in Naturalization Proceedings). This form must be submitted within 30 days of receiving the denial notice from USCIS.

  • Filing Deadline: The 30-day deadline is strict, so acting quickly is essential. If you miss the deadline, you may lose your right to appeal.
  • Filing Fee: You must also pay a filing fee when submitting Form N-336. However, you may request a fee waiver if you demonstrate financial hardship.
  • Tip: Include a detailed explanation of why you believe the USCIS decision was incorrect and any supporting documentation that can help strengthen your case.

Step 2: Prepare for Your Hearing

After you file Form N-336, USCIS will schedule a hearing before an immigration officer not involved in your initial denial. This hearing is essentially your opportunity to present your case, provide additional evidence, and explain any issues that led to the denial.

During the hearing, the officer will:

  • Review your original application.
  • Ask questions about the reason for your denial.
  • Consider any new evidence or information you provide to support your appeal.
  • Tip: Preparation is critical. Consider bringing an immigration attorney with you to help ensure that your case is presented clearly and effectively.

Step 3: Receive the Hearing Decision

After your hearing, USCIS will either approve or deny your appeal. Your naturalization application will proceed if the officer agrees that the denial was incorrect. If the officer denies your appeal, you still have additional legal options to challenge the decision.

You have the right to be represented by an attorney throughout the appeals process, including during your hearing and any federal court proceedings. Contact our immigration law firm today to schedule a consultation that suits your needs.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you move forward confidently.

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