What to Expect After a Naturalization Denial? Understanding the Process and Next Steps

The US has been welcoming foreign-born individuals for decades. Over the last ten years, over 7.9 million people have become naturalized citizens in the US. In FY 2024, 818,500 new citizens were naturalized during ceremonies held throughout the US and abroad. 

Despite the high number of approved naturalizations, not every application is successful. Based on the latest available data from the Office of Homeland Security Statistics (OHSS), approximately 97,789 petitions for naturalization were denied. 

The experience of denial on your application can be disheartening, but other pathways may exist. You can better understand the reason for denial and the appropriate legal actions with the assistance of an immigration attorney. But for starters, let’s explore how the naturalization process works and what steps you can take next to move forward.

Overview of the Naturalization Process

Naturalization is one alternative pathway to becoming a US citizen. Specifically, it’s the process that allows lawful permanent residents to become US citizens after satisfying specific legal requirements set by Congress in the Immigration and Nationality Act (INA)

You have the option to submit the naturalization application as early as 90 days before meeting your continuous residence requirement. This may apply to you if you qualify for naturalization, either based on being a permanent resident for a minimum of 5 years or at least 3 years if you’re married to a US citizen. 

After completing the initial application, you will be required to go through the naturalization interview and test. The United States Citizenship and Immigration Services (USCIS) will ask about your application and background during the interview. Unless you’re eligible for exemption, you will take the exam composed of an English and civics test. 

You can usually anticipate a decision from USCIS within 120 days following your initial interview. Suppose they fail to make a decision within 120 days of the interview. You can pursue a judicial review of your application in district court. It’s notable to emphasize that USCIS cannot process your application while facing removal proceedings. 

What Can Happen Right After a Naturalization Denial

The officer deciding on your application must adhere to specific regulations, laws, and previous decisions. Moreover, they’re required to notify you regardless of the outcome. Following the interview, the officer may approve your application, continue examining your case, or deny it. 

Generally, USCIS will issue a written denial notice no later than 120 days after the initial interview when you don’t meet all eligibility criteria required under the law. Below is some information you can find in the written denial notice. 

  • A clear, short explanation of the facts behind the decision
  • A list of the specific requirements you didn’t demonstrate
  • Details on how to submit a hearing request for denial

Although you won’t get your application fees back, you will still hold your lawful permanent resident status. Other implications depend on why USCIS denies your application and how you opt to respond. 

Next Steps After Your Naturalization Application Gets Denied

Even if USCIS denies your naturalization application after the interview, further options are available. An experienced Los Angeles immigration attorney can assist you in evaluating your case and choosing which of the following options will work best in your situation: 

Request a hearing

Let’s say you get a written notice of denial, and you can resolve the grounds why USCIS denied your application. In that situation, you can alternatively file a request for a hearing. Filing the request on time is crucial as USCIS typically rejects late submissions and won’t give you a refund. You must request it within 30 days of receipt of the denial notice. Conversely, you have 33 days if the decision comes by mail. 

Seek a judicial review

Suppose the hearing doesn’t result in a favorable outcome. You can also seek a judicial review for your case if you believe your application has been improperly denied. It involves requesting the district court having jurisdiction over your residence to re-evaluate the decision in your case. This process can provide an independent and comprehensive review of your eligibility for US citizenship. 

Reapply for naturalization

Another alternative is to reapply for naturalization. The steps for reapplying are the same as those for the initial application. However, depending on why USCIS denied your application, you may need to wait a few years before you can reapply. Thus, ensure to know and resolve the reason for denial to improve your case and meet the eligibility requirements when filing. 

Contact ALG Lawyers for Personalized Legal Assistance

Having your application denied can leave you uncertain about what happens next. You can remove the guesswork with a credible Los Angeles immigration lawyer. With decades of experience handling immigration cases, our team at ALG Lawyers is well-equipped to give you personalized legal assistance for even the most intricate naturalization applications. Contact our firm now to book your first consultation with our lawyer and achieve your goal of US Citizenship.

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)