Home » Blog » 5 Common Reasons Form N-400 Gets Denied
Citizenship
U.S. citizenship is perhaps the greatest benefit any immigrant can receive. It is often the pinnacle of a long journey over many years and many miles. Over 2.2 million permanent residents have naturalized as U.S. citizens in the past three years.
However, during the same period, over 240,000 permanent residents had their Form N-400, Application for Naturalization, denied. In fact, the number of denials increased in every quarter of fiscal year 2021. The denial rate held steady; USCIS denies approximately 9.5 percent of all applications. There are many reasons for this. We’ve compiled a list of the five common reasons for a continuation or denial of a Form N-400 application.
It’s important to understand that by filing N-400, the applicant is inviting U.S. Citizenship and Immigration Services (USCIS) to thoroughly review the immigrant’s entire case file one more time. There can be risks associated with this. USCIS may uncover something it didn’t find before. Therefore, it’s worthwhile to understand where other applicants have run into trouble. If you believe one of the following scenarios may affect you, speak to an immigration attorney before filing Form N-400.
Five common reasons for a continuation or denial of a Form N-400, Application for Naturalization, include:
REASON 1
Failed the English and/or Civics Tests
If you fail the English and/or civics test in your initial interview, USCIS will schedule you to come back for another interview within 60 to 90 days days of your first interview. USCIS will only retest you on the part of the test that you failed. However, USCIS will deny your N-400 form if you fail the test(s) a second time.
Most people pass the tests. If your English isn’t strong, take advantage of the flash cards and study tools on . It is also helpful to thoroughly review your own Application for Naturalization (N-400). The USCIS officer will most likely ask you about your answers. Be able to explain your answers. So practice with a friend or family member if your English skills need some work.
The law also provides three exemptions when taking the English portion of the naturalization test for applicants who:
are age 50+ and have been permanent residents for at least 20 years;
are age 55+ with not fewer than 15 years of permanent residence; or
have a mental or physical disability that prevents them from learning English.
When applying for naturalization, USCIS will obtain your biometrics and run a criminal background check. But USCIS is also interested to know if you have committed a crime in other countries as well. These factors contribute to meeting the good moral character requirement. Some crimes will permanently bar a permanent resident from U.S. citizenship while other crimes create a temporary bar.
If you have ever been convicted of a murder or aggravated felony, you will most likely be permanently denied U.S. citizenship. These are automatic bars, meaning the USCIS officer has no discretion in the matter. Aggravated felonies in immigration law can be defined somewhat differently than they are by state courts. The immigration definition of aggravated felony can includes crimes that might surprise you, including some that other courts may classify as misdemeanors. For example, any crime of violence, or theft or burglary that resulted in a prison term of one year or more will be considered an aggravated felony. Volume 12, Chapter 4 of the USCIS Policy Manual describes permanent bars to the good moral character requirement.
On the other hand, some crimes make an applicant temporarily ineligible for U.S. citizenship. In most cases, the applicant can wait a required number of years — typically five years or three years for applicants married to and living with a U.S. citizen — before reapplying for naturalization. However the crime will still be reviewed by the USCIS officer, and the officer has the discretion to make a decision if the applicant meets the good moral character requirement. Volume 12, Chapter 5 of the USCIS Policy Manual describes these conditional bars to the good moral character requirement.
If you have ever been arrested, speak with an experienced immigration attorney before filing Form N-400, Application for Naturalization. You can’t avoid the problem. A criminal history will catch up to you even if you want to remain a permanent resident. (Read Renewing a Green Card After an Arrest.) Consult with an experienced attorney that can help review your record and potentially help with post-conviction relief.
REASON 3
Failure to Meet Continuous Residence and Physical Presence Requirements
As a permanent resident, you are free to travel outside the United States and visit family in your home country. If your goal is to become a U.S. citizen, it is important to understand the continuous residence and physical presence requirements.
Continuous residence means that the applicant has maintained residence within the United States for a specified period of time. Travel outside the United States can disrupt your continuous residence. You should avoid any trips abroad of six months or longer.
Physical presence means that the applicant has been physically present within the United States for a specified period of time over the previous five years. Generally, you must be have 30 months of physical presence in the U.S. before applying for naturalized citizenship. There are exceptions for applicants married to U.S. citizens and those working for the U.S. government overseas.
For a more complete explanation of these concepts, read Continuous Residence and Physical Presence Requirements.
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REASON 4
Failure to Meet Financial Obligations
Many Americans, including permanent residents, are experiencing financial problems that have resulted in foreclosure, bankruptcy, and unpaid debts. The good news is that debt alone is not a bar to naturalization. However, there are some financial issues that affect the moral character requirement and could interfere with your ability to naturalize as a U.S. citizen.
Failure to pay taxes is a common reason to have a Form N-400 denied. If you let USCIS find this problem, you will likely be denied citizenship. Contact an immigration attorney and tax adviser that can help you develop a plan to pay the taxes and demonstrate to USCIS that you’re fixing the problem. By addressing the problem, most people can continue the naturalization process and avoid an N-400 denial.
Another common issue for N-400 applicants is the willful failure to support dependents. If an applicant for naturalization has a minor child or children who do not live with the applicant, it is necessary to prove that the applicant is providing adequate financial support. If there is a court order of support, it’s important to have evidence of compliance with that order. An applicant that fails to make timely child support payments could have the Form N-400 denied.
REASON 5
Fraud and Lying to USCIS
If USCIS believes that your answer to a question is deceptive or untrue, your Application for Naturalization will be delayed and could be denied. It doesn’t matter if the error was innocent. You must make sure that your application for naturalization is true and accurate when filed. If the information is difficult to obtain and you cannot obtain it (e.g. travel history), you must make a reasonable effort to find the answer.
During the naturalization process, USCIS will review your history. If the officer determines that a green card was issued (even many years before) in a fraudulent manner, citizenship may be denied. Likewise, other situations (new or old) that put the applicant’s good moral character in question will hold up the process.
Be honest with your answers. If you feel that an honest answer may create a problem with naturalization, that’s a good indicator that you need to speak to an attorney before filing Form N-400.
Form N-400 Denied Based on Selective Service
Male candidates may be surprised to learn that failing to register for Selective Service can create a major issue when filing Form N-400, Application for Naturalization. Men between the ages of 18 and 26 are expected to register for the Selective Service and provide proof for the purposes of naturalizing as a U.S. citizen. Failing to register can be grounds for denying an application for naturalization.
RECOMMENDED:Failing to Register for Selective Service
Request for Hearing after N-400 Denial
If USCIS determines you need to provide additional documents or evidence, you may be given Form N-14, Request for Additional Information, Documents or Forms. You will need to provide the additional documentation requested to continue the naturalization process.
If your N-400 was denied and you feel that USCIS was wrong to deny you citizenship, you may request a hearing with a USCIS officer. Your denial letter will explain how to request a hearing and will include the form you need. The form for filing an appeal is the N-336, Request for Hearing on a Decision in Naturalization Proceedings. You must file the form with USCIS, including the correct fee, within 30 days after you receive a denial letter.
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Note to Reader: This post was originally published on May 2, 2017, and has been modified with improvements.
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Failure to pay taxes is a common reason to have a Form N-400 denied. If you let USCIS find this problem, you will likely be denied citizenship. Contact an immigration attorney and tax adviser that can help you develop a plan to pay the taxes and demonstrate to USCIS that you're fixing the problem.
Failure to pay taxes is a common reason to have a Form N-400 denied. If you let USCIS find this problem, you will likely be denied citizenship. Contact an immigration attorney and tax adviser that can help you develop a plan to pay the taxes and demonstrate to USCIS that you're fixing the problem.
Drug trafficking. Any crime of violence or theft that can be punished by a year or more of incarceration. DUI (sometimes) Sex with a partner who is under the age of consent (18 in some states, including California)
The 55/15 waiver covers applicants who are 55 or older and who have held legal permanent resident status for at least 15 years. You can have the interview and exam conducted in your native language if you fall within this category.
Some of the most common reasons for the denial of an Application for Naturalization (Form N-400) include failing the tests for citizenship, which relate to a foreign national's command of the English language and knowledge of U.S. government.
USCIS denies the naturalization application if the applicant fails to pass any portion of the tests after two attempts. In cases where an applicant requests a USCIS hearing on the denial, officers must administer any failed portion of the tests.
Usually this is the five years before you applied, or three years if you're applying for citizenship on the basis of marriage to a U.S. citizen. You will also need to give a statement under oath about any criminal background you have in the period of good moral character.
The diagram below shows that 96.1% of all applicants pass the naturalization test. In fiscal year 2021, almost 90% passed it during the initial interview, and another 6% of all applicants passed during a re-exam.
And they can never be deported. Of the applications submitted each year, United States Citizenship and Immigration Services (USCIS) approves about 23%, denies about 2–3%, and leaves about 70% pending. This article covers the U.S. citizenship by naturalization process and statistics on that process.
You never want to put down false information on your application. On the application, you need to be honest about your employment history, even if there are gaps in your work history.
A person permanently barred from obtaining US citizenship is inadmissible. This category of people primarily includes people who got out of military service based on their alienage, and people who left the US to avoid the draft.
3 Years of Continuous Residence. The spouse of a U.S. citizen residing in the United States must have continuously resided in the United States as an LPR for at least 3 years immediately preceding the date of the filing the application and up to the time of the Oath of Allegiance.
You must have your permanent resident status for 3 years before filing Form N-400, Application for Naturalization. Your time as a permanent resident begins the day you were granted permanent resident status. You can find the date on your green card next to "Resident Since."
You may file Form N-400, Application for Naturalization, 90 calendar days before you complete your continuous residence requirement if your eligibility for naturalization is based upon being a: Permanent resident for at least 5 years; or. Permanent resident for at least 3 years if you are married to a US citizen.
Perhaps the most difficult part of the naturalization process is the in-person interview and test with a U.S. Citizenship and Immigration Services (USCIS) officer. The test determines an applicant's ability to speak, read, and write in English, as well as their understanding of U.S. government and history.
Applicants must read one out of three sentences correctly. In addition, applicants must pass a writing test, and write one out of three sentences correctly, free of grammatical mistakes. The first most common reason for a naturalization denial is failing the Civics and English component of the test at the interview.
Why Is It So Hard To Become A U.S. citizen? It is hard because of the long processing times, the financial and personal costs involved, and the fact that most immigrants do not have a direct relative that is a citizen of the United States.
Arguably the hardest question on the U.S. citizenship test is number 67: The Federalist Papers supported the passage of the U.S. Constitution. Name one of the writers. This answer is unknown to even most American citizens because the Federalist Party ceased to exist back in 1824.
Processing times for Form N-400 have stayed fairly consistent over the past five years with the average wait time being about 11 months. There are 89 field offices that currently process Form N-400. The current average processing time across all offices is 15.5 months.
Did you know? Over the last few months, more and more N-400 naturalization applicants have been wrongfully denied following the N-400 naturalization interview. It is important to understand the common pitfalls of N-400 naturalization applicants so you can avoid them in the future and ensure your success.
If the USCIS official feels it necessary to secure other background investigations, they have the authority to do so. However, the three most common parts of this check include the investigation of your background, fingerprints, and a name check.
USCIS will consider an applicant's credit report, credit score, debts and other liabilities as a factor in determining whether the individual is likely to become a public charge. A good credit report is considered a positive factor while a bad credit report is considered a negative factor.
Typically, a naturalized U.S. citizen cannot be deported because they are a citizen of the United States. However, there are certain circ*mstances where a U.S. citizen may be deported depending on the nature or severity of their crimes, so naturalized citizens being deported isn't impossible.
You must apply for a re-entry permit (Form I-131) before you leave the United States, or your permanent residence status will be considered abandoned. A re-entry permit enables you to be abroad for up to two years.
U.S. immigration law assumes that a person admitted to the United States as an immigrant will live in the United States permanently. Remaining outside the United States for more than one year may result in a loss of Lawful Permanent Resident status.
Filing bankruptcy won't lead to having your visa or green card denied. It also won't affect your resident status. Neither the U.S. Citizenship and Immigration Services (USCIS) nor the Department of Homeland Security (DHS) consider bankruptcy cases when reviewing residency.
The U.S. citizenship interview usually takes place about 8-13 months, on average, after USCIS receives your naturalization application (sooner or later for some applicants). USCIS will send you a letter — only once — with the date and location of your interview, as well as a list of any documents that you must bring.
The top 3 government offices handling citizenship applications most efficiently are in Cleveland, Ohio; Providence, Rhode Island; and Raleigh, North Carolina. The worst 3 government offices handling citizenship applications least efficiently are in St. Paul, Minnesota; Miami, Florida; and Houston, Texas.
According to the statistics, the highest percentage of naturalized citizens come from Mexico. 17% of all new citizens were born in Mexico, but that number is closely followed by nations such as India, China, and the Philippines.
Your tax returns are very important proof that you are eligible for naturalization. On the day of your interview, bring certified tax returns for the last 5 years (3 years if you are married to a U.S. citizen).
Does USCIS Screen Your Social Media Activity? Yes, USCIS may survey your social media accounts. Their surveillance is strictly for the evaluation of your application for immigration benefits. Their findings can influence a decision about your eligibility.
This does not permit USCIS to search your social media account or internet history, but the agency is now collecting and storing records of your social media use available in the public domain.
USCIS oversees lawful immigration to the United States. Learn how to apply for your Green Card, pursue U.S. citizenship, reunite with family, get permission to travel overseas, and more.
Tax Returns To Include in Your Form N-400 Petition
All naturalization applicants must bring certified tax transcripts to their naturalization interview for the past five filing years, or three years if they are applying based on marriage to a U.S. citizen.
$640.(Add the $85 biometric fee for a total of $725, where applicable. See exceptions below.) If you file your Form N-400 online, you may pay your fee online.
As a permanent resident, you are generally eligible for naturalization after five years. This is the most common way that people apply to become a U.S. citizen. To qualify, you must have lived in the U.S. continuously for the five years immediately preceding the date you file Form N-400, Application for Naturalization.
The statutory period preceding the filing of the application is calculated from the date of filing. Once 4 years and 1 day have elapsed from the date of the applicant's return to the United States, the period of absence from the United States that occurred within the past 5 years is now less than 1 year.
The 4 year 1 day rule mostly works as follows. Once you've broken continuous residency, a new period will begin to run on the first day you return to the U.S. Form the day you must stay in the U.S. for a minimum of 4 years and 1 day before you can apply for naturalization again.
In addition to the completed Form N-400, you must also submit the following documents as supporting evidence with your Application for Naturalization: Two identical recent passport-style photos (only applicants for who live abroad)A copy of the front and back of your Form I-551 (Permanent Resident Card)
It says that if you are age 55 or older and have lived in the U.S. as a green card holder for at least 15 years, you can have the citizenship interview and exam conducted in your native language. Again, the 15 years do not need to have been continuous.
USCIS previously only considered a marriage under a nonimmigrant visa to be fraudulent if it happened within 30 days of entry. This rule was later changed to 60 days.
If you see the case status “Case Was Denied,” that means USCIS evaluated your application and decided you were not eligible for an employment green card. Your fees also won't be returned. This doesn't mean you are out of options, but you will likely want to get legal help to understand your options and next steps.
USCIS conducts an investigation of the applicant upon his or her filing for naturalization. The investigation consists of certain criminal background and security checks. The background and security checks include collecting fingerprints and requesting a “name check” from the Federal Bureau of Investigations (FBI).
If your application was denied because you failed English and/or Civics Tests, then you can book another one straight away. However, if your application was denied for not having a valid green card or due to a breach of U.S. criminal or immigration laws, then you will not be able to reapply.
Be able to read, write, and speak basic English; Demonstrate good moral character; Demonstrate a knowledge and understanding of U.S. history and government; Demonstrate a loyalty to the principles of the U.S. Constitution; and.
If there have been unreasonable delays in your case, you may file a complaint against the Immigration Service in the Federal Court, and the Court can force the Immigration Service to make a decision in your case.
In addition to the completed Form N-400, you must also submit the following documents as supporting evidence with your Application for Naturalization: Two identical recent passport-style photos (only applicants for who live abroad)A copy of the front and back of your Form I-551 (Permanent Resident Card)
When an N-400 application for naturalization is denied, the applicant can appeal the decision by filing what is called the Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, to request a hearing before another immigration officer regarding the denial of the N-400, Application for ...
Denaturalization can happen only if a citizen improperly received citizenship when they were not eligible for it or if they committed fraud to get citizenship. The federal government can pursue a civil or criminal proceeding in federal court to denaturalize a citizen.
You have two options if you do not pass your interview or tests for a second time. According to USCIS policy, you may appeal their decision by asking for a hearing. First, you must file Form N-336 within 30 days. This should give you one final chance to pass the English language exam.
Introduction: My name is Geoffrey Lueilwitz, I am a zealous, encouraging, sparkling, enchanting, graceful, faithful, nice person who loves writing and wants to share my knowledge and understanding with you.
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