USCIS Denials of Citizenship Applications on the Rise: Know the Grounds and Appeal Options

As part of its renewed focus on integrity, fraud prevention, and national security screening, the U.S. Citizenship and Immigration Services (USCIS) has increased scrutiny of Form N-400, Application for Naturalization, filings. Applicants should understand that U.S. citizenship is not automatically guaranteed after obtaining a green card. USCIS has broad authority to deny applications or even refer cases for removal proceedings if it determines that the applicant was ineligible to obtain lawful permanent resident (LPR) status in the first place or engaged in misrepresentation.

Common Grounds for Denial of N-400 (Citizenship) Applications

1. Failure to Meet Continuous Residence or Physical Presence Requirements

   Applicants must show continuous residence in the United States for five years (or three years if applying through marriage to a U.S. citizen) and must have been physically present in the country for at least half of that time. Prolonged trips abroad—especially those lasting more than six months—can break continuous residence unless the applicant provides evidence to the contrary, such as proof of U.S. employment, property ownership, or family ties.

2. Lack of Good Moral Character (GMC)

   USCIS evaluates conduct during the statutory period preceding the application (and sometimes beyond). Common reasons for a GMC-based denial include criminal convictions or arrests (even misdemeanors such as DUI or domestic violence), failure to meet financial obligations (such as unpaid taxes, child support, or court-ordered debts), false testimony under oath, fraud, or unlawful voting. Male applicants aged 18 to 26 who failed to register for Selective Service may also face denial.

3. Misrepresentation or Fraud in Obtaining a Green Card

   If USCIS determines that an applicant obtained lawful permanent residence through fraud, misrepresentation, or concealment of material facts, it may not only deny the N-400 but also initiate removal proceedings to rescind the green card. Examples include marriage fraud, employment-based petitions based on falsified job offers, or concealment of prior immigration violations.

4. Failure to Comply with Criminal or Immigration Orders

   Applicants who have been ordered removed or who have pending removal proceedings are generally ineligible for naturalization unless the order has been reopened or terminated.

5. Failure to Demonstrate Attachment to the U.S. Constitution

   Applicants must affirm allegiance to the United States and its Constitution. Denials may occur if USCIS believes an applicant’s conduct—such as membership in certain organizations or refusal to take the Oath of Allegiance—indicates disloyalty or lack of attachment.

6. Failure to Pass English or Civics Tests

   USCIS may deny applications if applicants fail the required English language and U.S. civics tests after two attempts, unless they qualify for an exemption based on age or disability.

Serious Consequences: Possible Removal (Deportation) Proceedings

A denial alone does not automatically trigger removal. However, if USCIS uncovers evidence that an applicant was never eligible for a green card—due to fraud, misrepresentation, or criminal ineligibility—it can refer the case to U.S. Immigration and Customs Enforcement (ICE) for initiation of removal proceedings.

In such cases, the government may attempt to rescind lawful permanent resident status under INA § 246 or charge removability under INA § 237(a)(1)(A) (inadmissibility at the time of adjustment).

Applicants should consult an experienced immigration attorney before filing Form N-400 if there are any prior status issues, arrests, or inconsistencies in previous applications.

How to Appeal or Seek Reconsideration

If your Form N-400 is denied, you have the right to appeal by filing Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, within 30 days of the denial. A new officer, not involved in the original decision, will conduct a de novo hearing. You may submit new evidence or legal arguments to correct factual or procedural errors. If the N-336 appeal is denied, you may file a petition for review in U.S. District Court under INA § 310(c), where a federal judge will independently review your eligibility.

Practical Tips for Applicants

Be completely honest in your application, even about minor infractions or past immigration issues. Concealment may be viewed as fraud. File IRS tax returns consistently and resolve any outstanding obligations. Maintain proof of residence, employment, and family ties to demonstrate continuous residence. Obtain certified court records for any arrests or citations. Consult an immigration attorney before applying if you have any arrests, immigration violations, or questions about how you obtained your green card.

Naturalization is the final and most significant step in the U.S. immigration process. However, citizenship is not automatic—it requires full eligibility, good moral character, and transparent documentation. Misrepresentation or past fraud can turn a routine N-400 case into a deportation risk. If you have questions about your eligibility or prior immigration issues, contact an experienced immigration attorney before filing.

This is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.