Can You Be Denied U.S. Citizenship? Common Reasons and What to Do

Folder of official documents with a faded red stamp mark, representing a citizenship application decision.

After years of waiting, filing paperwork, and building a life in the United States, the idea of your naturalization application being denied is genuinely frightening. It’s a fair thing to worry about, and understanding exactly what USCIS looks for can help you either avoid a denial altogether or know what to do if one happens to you.

The good news is that denials are far from random. USCIS follows a fairly predictable pattern when reviewing Form N-400, and knowing what that pattern looks like puts you in a much stronger position. This guide walks through the most common reasons citizenship applications get denied, which issues are truly disqualifying versus which ones can be overcome, and what your options look like if you’ve already received a denial.

Why Does USCIS Deny Citizenship Applications?

USCIS denied roughly 11% of N-400 naturalization applications in fiscal year 2025. That’s not a small number, but it’s also far from the majority, and the overwhelming pattern behind these denials falls into just a few categories: good moral character issues, problems with continuous residence or physical presence, and failing the English or civics test. Understanding each of these categories in detail is the best way to protect your own application.

What Counts Against Your “Good Moral Character”

USCIS must find that you have “good moral character” during the statutory period, generally the five years before you file, or three years if you’re applying based on marriage to a U.S. citizen, and that finding has to hold up through the day you take the Oath of Allegiance. This is where most denials actually happen, and it covers far more than most applicants expect.

Permanent bars. Certain conduct disqualifies you from citizenship permanently, with no waiting period that fixes it. This includes convictions for murder or an aggravated felony, and certain other serious offenses defined under immigration law. If any of these apply to your history, speaking with an immigration attorney before filing is essential.

Which Issues Can You Actually Fix?

Many issues create a bar only during the statutory period. They can prevent naturalization now, but they may not permanently block you once enough time has passed and you resolve the underlying issue. Common examples include:

  • DUI convictions. A single DUI within the statutory period draws close scrutiny, and two or more DUIs during that window almost always lead to a denial under current USCIS practice.
  • Any arrest, even without a conviction. USCIS runs your fingerprints against FBI records and will see arrests you may have forgotten about or assumed didn’t matter because charges were dropped. Every arrest needs to be disclosed, along with certified court documentation showing the outcome.
  • Unresolved tax issues. Unfiled returns, unpaid taxes without a payment plan, or filing as a “non-resident” on a tax return after becoming a lawful permanent resident are all treated seriously. That last one is particularly damaging, since it directly contradicts the residency claims made on your N-400.
  • Unpaid child support. Willful failure to support dependents can weigh against a good moral character finding.
  • Selective Service registration issues. Men who were required to register and didn’t can face character concerns, though remedies often exist depending on the circumstances.
  • False claims to U.S. citizenship. USCIS treats a false claim to U.S. citizenship, such as checking that box on a job application, a voter registration form, or at the border, as an extremely serious issue, and it often disqualifies you on its own.

Spending Too Much Time Outside the U.S.

Beyond good moral character, USCIS closely reviews whether you’ve actually maintained your residency the way the law requires. You generally need to show physical presence in the U.S. for at least 30 months out of the 5 years before filing (18 months out of 3 years if you’re applying through marriage), and you cannot have broken your “continuous residence” with extended trips abroad.

A trip of six months or longer can be presumed to break continuous residence. Officers compare your stated travel history against CBP entry and exit records. Any mismatch between what you wrote on your N-400 and what the government’s own records show raises red flags immediately. That’s why precise, honest recordkeeping about your travel matters enormously.

There’s also a more serious version of this problem: if your travel patterns, foreign tax filings, or living arrangements suggest you’ve actually made another country your primary residence, USCIS can treat this as abandonment of your permanent resident status entirely, a much bigger problem than a simple continuous residence issue.

Failing the English or Civics Test

Every applicant, unless they qualify for an exemption based on age and years of residency, must pass an English test and a civics test during the naturalization interview. The good news here is that a failed test does not permanently end your case. If you fail either portion, USCIS gives you a second opportunity to retest within the same application period, so this is one of the more fixable reasons for an initial denial.

Mistakes, Inconsistencies, or Undisclosed History

USCIS treats your N-400 as a comprehensive review of your entire immigration history, not just a formality. Providing false, incomplete, or inconsistent information, whether intentional or the result of forgetting something years later, can trigger a denial. This includes forgetting to disclose a foreign criminal record. USCIS requests police certificates from every country you’ve lived in, so undisclosed convictions from abroad can surface. When that happens, it creates problems both for the underlying conduct and for the lack of disclosure itself.

It’s worth knowing that this scrutiny doesn’t end at approval. Under INA § 340, USCIS can revoke citizenship after the fact for illegal procurement or concealment of a material fact, and denaturalization referrals have increased significantly in recent years. Complete honesty on your application isn’t just about getting approved, it protects your citizenship long after you take the oath.

What Happens After a Denial

A denial is not the end of the road. Depending on why your case was denied, you generally have a few paths forward:

File Form N-336 to request a hearing. This is a formal appeal of your denial, and it must be filed within 30 days of the decision. A different USCIS officer reviews your case at this hearing, giving you a genuine opportunity to present additional evidence or address the examiner’s concerns.

Resolve the underlying issue and reapply. For conditional bars, like an old DUI, unpaid taxes, or an incomplete continuous residence period, the most common path is addressing the underlying problem first. That might mean completing probation, setting up a payment plan, or simply waiting out the statutory period. Once you’re clearly eligible, you file a new N-400.

Seek legal review before deciding your next step. Not every denial is worth appealing, and not every denial requires years of waiting to fix. An experienced immigration attorney can review the specific denial notice, identify whether the issue is truly disqualifying or simply needs better documentation, and recommend whether an appeal or a fresh application is the stronger move.

How to Prevent a Denial Before You File

Many denials are preventable with the right preparation before you ever submit your N-400:

  • Audit your last five years (three, if applying through marriage) honestly, including every arrest, no matter how minor or how long ago you resolved it.
  • Pull your tax transcripts and confirm there are no unfiled returns or unpaid balances without an active payment plan.
  • Order certified court dispositions for any arrest or citation, even ones that were dismissed.
  • Track your travel history precisely, since USCIS will compare it against government records regardless of what you remember.
  • Address open issues before filing, not after. An officer views a problem you resolved proactively very differently than one they discover during review.

How the Appeal Process Works

If you decide to appeal, it helps to know what you’re signing up for. The filing fee for Form N-336 is $700, though members and veterans of the U.S. Armed Forces who filed under the military naturalization provisions are exempt from this fee. You can file online through a USCIS account or by mail, and your request must include your N-400 receipt number, the date of your denial notice, and the specific reasons you believe the denial was incorrect.

One detail worth knowing: even if you miss the 30-day window, your case isn’t automatically closed. If your late filing meets the requirements for a motion to reopen or a motion to reconsider, USCIS can still review it, though there’s no guarantee, so filing on time remains the safest path. This is exactly the kind of technical judgment call where reviewing your denial notice with an immigration attorney before a deadline passes can make a real difference.

How We Can Help

Whether you’re preparing to file for the first time or responding to a denial you’ve already received, careful preparation makes an enormous difference. At The Law Offices of Shirley Sadjadi, we help clients across Elgin and the greater Chicago area review their history for potential red flags, gather the right documentation, and either build the strongest possible N-400 or pursue an appeal when a denial has already happened. If you’re still earlier in your immigration journey, our guides on the green card interview and removing conditions on a green card cover the steps that typically come before naturalization. If your case also involves a prior removal history, we look at your complete immigration picture, not just the application in front of you. Our entire staff speaks both Spanish and English.

Call 847-595-5338 to schedule a consultation about your citizenship application.

Frequently Asked Questions

What percentage of citizenship applications get denied? USCIS denied approximately 11% of N-400 applications in fiscal year 2025. Most denials trace back to good moral character issues, continuous residence or physical presence problems, or failing the English or civics test.

Can one DUI stop me from becoming a citizen? A single DUI within the statutory period draws close scrutiny and can create a conditional bar, but it isn’t automatically disqualifying the way two or more DUIs typically are. The specific facts and timing matter significantly.

Do I have to disclose an arrest even if the charges were dropped? Yes. USCIS checks FBI fingerprint records and will see any arrest, regardless of the outcome. You should disclose every arrest and provide certified court documentation showing how it was resolved.

What happens if I fail the English or civics test? You are not permanently barred. USCIS gives you a second opportunity to retest within the same application period. This makes it one of the more fixable reasons for an initial denial.

Can my citizenship be taken away after I’m approved? Yes, in certain circumstances. Under INA § 340, USCIS can pursue denaturalization for illegal procurement of citizenship or concealment of a material fact during the application process, which is why complete honesty on your N-400 matters even after approval.

What should I do if my N-400 was denied? You can file Form N-336 within 30 days to request a hearing before a different officer, or you can resolve the underlying issue and file a new application once you’re clearly eligible. An attorney can help you determine which path fits your situation.

How much does it cost to appeal a citizenship denial? The filing fee for Form N-336 is $700, though members and veterans of the U.S. Armed Forces who filed under military naturalization provisions are exempt. USCIS does not refund the fee regardless of the outcome, which is why it’s worth having an attorney review your case before you decide whether to appeal.

 

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