What Should I Do If My Naturalization Application Is Denied?
You Did Everything Right. So, Why Did USCIS Say No?
You’ve lived in the United States for years. You’ve paid your taxes, followed the rules, and shown up for your naturalization interview with your documents in order and a real hope for approval.
And then the notice comes:
N-400 Denied.
It can feel like everything you’ve worked for just vanished. But a denial is not the end of your journey toward citizenship.
If your naturalization was denied, you’re not alone. In recent years, denial rates for Form N-400 have ranged from 10% to 20%, depending on the field office. And while USCIS cites regulations to justify denials, the process is not always applied consistently.
At the Law Office of Lina Baroudi, we help clients navigate the next step after a denial — with strategy, clarity, and legal precision. Here’s what you should know.
Understand Why Your Application Was Denied
USCIS will not just stamp “denied” on your form and move on. The agency must provide a written explanation — though sometimes these notices are brief or lack full context.
Some of the most common reasons for N400 denial include:
- Alleged lack of good moral character, often tied to past criminal records, selective service issues, or missed tax filings
- Not meeting continuous residence or physical presence requirements
- Inconsistencies or perceived misstatements on the application or during your interview
- English or civics test failure after two attempts
- False testimony or misrepresentation
- Failure to comply with child support or other legal obligations
Some of these reasons reflect genuine statutory requirements. Others may be the result of misinterpretations or overbroad use of officer discretion. The key is determining whether the decision can be challenged — and how.
Step 1: Request a Copy of Your USCIS File
Before you file an appeal or reapply, it is crucial to know exactly what USCIS relied on to issue the denial. You can submit a FOIA request (Freedom of Information Act) to obtain your full immigration file, including:
- Officer interview notes
- Internal USCIS memos or concerns
- Copies of documents you submitted
- A record of your past applications or immigration history
This file provides the foundation for any next step. Never respond to a denial without reviewing your own records first.
Step 2: Know Your Legal Options After a Denial
Depending on the facts of your case, you typically have three main options.
Option 1: Appeal the Denial (Form N-336)
If you believe USCIS made a legal or factual error, you can file Form N-336, requesting a new hearing with a different officer. This hearing allows you to:
- Present new documents
- Correct any inconsistencies
- Submit legal arguments
- Clarify facts USCIS may have misunderstood
You must file the form within 30 days of receiving your denial. Appeals are often successful when there was a mistake in how your case was evaluated or a legal standard was misapplied.
Keep in mind: if your application had deeper eligibility issues, an appeal may not help unless those problems are also addressed.
Option 2: Reapply — With a Better Strategy
Sometimes, the best move is to wait and file a new Form N-400.
This is especially true if:
- Your issue was temporary (such as travel that broke continuous residence)
- You were denied based on criminal history that now falls outside the statutory period
- You failed the civics or English exam but are now prepared
- You’ve resolved any tax or family court issues that previously raised concerns
When you reapply, address the reason for the original denial directly and proactively. Don’t ignore the past — show how your circumstances have changed and why you now meet every requirement.
Option 3: Seek Judicial Review in Federal Court
If you appealed using Form N-336 and USCIS still denied your case, you may file a lawsuit in federal district court under 8 U.S.C. § 1421(c).
Federal judges review these cases independently. They are not bound by USCIS’s decision and can conduct a full hearing. This route is most effective when:
- There was a clear misapplication of the law
- The denial lacked evidence or fairness
- You need an impartial decision outside of USCIS channels
Federal court is not for everyone, but in the right case, it is a powerful tool.
What If the Denial Cites “False Testimony”?
One of the most damaging findings is a claim that you knowingly provided false testimony for the purpose of obtaining immigration benefits. This can permanently bar you from naturalization based on a lack of good moral character.
But this standard is not always applied fairly.
A small mistake, memory lapse, or even unclear question can trigger a misinterpretation. USCIS must prove both intent and materiality — that you deliberately lied, and that the false statement mattered to the case.
If your denial involves this allegation, a legal review is essential. With proper explanation and supporting evidence, you may still be able to move forward.
What You Should Know About the Broader System
The naturalization process is governed by statutory rules, but their application is often inconsistent. Applicants with the same background may receive very different outcomes based on where they apply, which officer reviews the case, and how certain facts are interpreted.
At times, the process places more weight on technicalities than on fairness. Applicants with years of stable presence, tax history, and community ties may still be denied for procedural issues or discretionary factors.
That is why legal guidance matters. A well-prepared case — backed by evidence, clear legal reasoning, and proactive strategy — gives you the best possible chance at success.
How We Help Clients Move Forward
At the Law Office of Lina Baroudi, we represent clients who have had their naturalization denied, and we’ve helped many of them get their cases back on track.
We assist with:
- Detailed review of your denial and FOIA file
- Strategic filing of Form N-336 or new N-400 applications
- Legal argument development based on applicable statutory requirements
- Federal court referrals where appropriate
- Guidance on timing, eligibility, and supporting documentation
Our firm is committed to helping you move forward with clarity and confidence.
A Denial Is Not the End of the Story
Many people who are denied naturalization go on to become U.S. citizens. The key is acting quickly, understanding your options, and responding with a well-planned legal approach.
If your N400 was denied, we encourage you to reach out. We’ll review your case, explain your options, and help you make an informed decision about what comes next.
Contact the Law Office of Lina Baroudi today to schedule a consultation.