Applying for U.S. citizenship through naturalization is an important step for green card holders. For many, it represents years of building a life in the United States and the opportunity to participate fully as a citizen. But what happens if your N-400 application for naturalization is denied?
While receiving a denial notice can feel overwhelming, it’s important to remember that this does not mean the end of your immigration journey. You still have rights, and several legal options are available to challenge or reapply for citizenship. In this guide, we’ll explain the most common reasons for denial, what happens to your green card, and the steps you can take if you find yourself in this situation.
Does a Denial Mean You Lose Your Green Card?
The first thing to understand is that an N-400 denial does not take away your green card. You will remain a lawful permanent resident (LPR) unless USCIS specifically finds fraud or serious misconduct that makes you removable. In most cases, a denial simply means USCIS determined you are not eligible for naturalization at this time. You still keep your right to live and work in the U.S., travel freely, and enjoy all other benefits of permanent residency.
Only in rare situations, such as when USCIS suspects that your green card was obtained through fraud, can denial lead to removal proceedings. Even in those cases, USCIS must begin a separate legal process before taking any action.
Why Do N-400 Applications Get Denied?
Understanding the reason for denial is the key to deciding your next steps. USCIS will always issue a written denial notice outlining the specific grounds. The most common reasons include:
Failure to meet residency requirements: Applicants generally must show five years of continuous residence (or three years if married to a U.S. citizen). Extended trips abroad or long gaps in presence can lead to denial.
Good moral character issues: Certain crimes, repeated offenses, unpaid taxes, or dishonesty can prevent USCIS from finding you eligible.
English and civics test failure: Applicants must demonstrate basic English proficiency and pass a civics exam covering U.S. history and government.
Inconsistent or false information: Misrepresenting facts on the application or during the interview can result in denial.
Pending criminal charges: Even unresolved legal matters may block approval until they are resolved.
By reviewing the denial letter closely, you can determine whether the issue is temporary and fixable, the result of a misunderstanding, or a more serious legal barrier to naturalization.
What Are Your Options After a Denial?
If your N-400 is denied, you still have options. The U.S. immigration law allows multiple ways to respond, depending on the reason for denial and your circumstances.
Option A: File a Request for Hearing (Form N-336)
The most direct way to challenge a denial is through Form N-336, which is a Request for Hearing on a Decision in Naturalization Proceedings.
Deadline: Must be filed within 30 days of the denial.
What happens: USCIS schedules a new hearing, where a different officer reviews your case. You can present new evidence, bring legal arguments, and correct errors.
Why it matters: Many denials happen because of mistakes or insufficient documents. An N-336 hearing gives you a second chance to explain and clarify.
Option B: Reapply for Naturalization
In some cases, the best approach is simply to file a new N-400 application. Reapplying may be the right choice if:
You did not pass the civics or English test, but have since better prepared.
You previously failed to meet the continuous residence requirement, but enough time has now passed to qualify.
Minor criminal issues are no longer within the statutory good moral character period.
While reapplying does require paying the filing fee again, it can often be less costly, quicker, and more straightforward than appealing a weak case.
Option C: Judicial Review in Federal Court
If USCIS denies your N-336 appeal, you may ask a federal district court judge to review the decision under 8 U.S.C. § 1421(c).
What it involves: A lawsuit filed in federal court. The judge examines whether USCIS acted properly under the law.
Why it matters: Unlike other immigration appeals, the court has the power to review the facts of your case and make its own determination.
When it makes sense: If your case is strong and you believe USCIS misapplied the law or ignored your evidence.
This step is more complex and often requires experienced legal representation, but it can be powerful in overturning unjust denials.
Appeals and Motions: Additional Legal Remedies
Beyond N-336 and federal review, U.S. immigration law allows applicants to use appeals and motions in certain cases:
Motion to Reopen: If you have new evidence that wasn’t available earlier, you can ask USCIS to reopen the case.
Motion to Reconsider: If you believe USCIS made a legal or factual error, you can request reconsideration without submitting new evidence.
These motions are not always available for naturalization denials, but in certain situations, they may provide additional tools to challenge a decision.
When Denial Leads to Removal
While most denials do not endanger your green card, USCIS does have the authority to investigate fraud. If officers believe your green card was obtained improperly, for example, through a fraudulent marriage, they may refer the case for removal proceedings.
In such situations, you should seek immediate legal advice. A denial based on fraud carries serious consequences, including the risk of deportation. However, these cases are relatively rare compared to denials for more routine eligibility issues.
Broader Concerns: Delays and the CARRP Program
Some denials and delays are linked to a policy known as CARRP (Controlled Application Review and Resolution Program). This internal USCIS program has been criticized for targeting applicants from certain countries or backgrounds, causing long processing times or unexplained denials.
In January 2025, a federal court found aspects of CARRP unconstitutional, citing due process concerns because applicants were not told when their cases were flagged. This means future applicants may see fairer and faster reviews, though challenges remain.
Practical Tips If Your Application Is Denied
Read your denial letter carefully: It is the single most important document for deciding your next step.
Act quickly: Deadlines for appeals are strict, usually 30 days. Missing them may limit your options.
Consider whether to appeal or reapply: If your case is strong, appeal. If your issue is time-based (like residency), waiting and reapplying may be smarter.
Keep your permanent resident status in good standing: Continue filing taxes, renewing your green card, and avoiding actions that could harm your eligibility.
Seek legal advice: Naturalization law is complex, and an experienced immigration attorney can help you choose the best path forward.
Conclusion
A denied N-400 is not the end of your dream of becoming a U.S. citizen. You remain a lawful permanent resident, and you have multiple legal avenues to move forward. Whether you choose to appeal with Form N-336, reapply when eligible, or pursue judicial review, you still have a path to naturalization.
The key is to understand why your application was denied, act quickly on available options, and seek professional guidance when necessary. U.S. citizenship is a significant goal worth pursuing, and a denial is often just a temporary obstacle on the way to achieving it.
For experienced support in navigating your options after a denial, contact Abbasi Immigration Law Firm today and take the next step toward citizenship.
