N-400 Citizenship Denial Appeal in Pasadena: What to Do When Naturalization Is Denied
Understanding Your Options After a Naturalization Application Denial in Los Angeles County
Quick Answer
When USCIS denies your N-400, you can request a hearing with a USCIS officer using Form N-336 within 30 days. If the hearing upholds the denial, you can seek review in federal district court. Alternatively, you may reapply once you've addressed the reason for denial. Understanding why your application was denied is the first step to choosing the right path forward.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
Receiving a denial of your N-400 citizenship application is devastating, especially after years of preparation and dreaming of becoming a U.S. citizen. If you're in Pasadena or elsewhere in Los Angeles County and your naturalization application was denied, know that this isn't necessarily the end. You have options including administrative appeal, federal court review, or reapplying after addressing the issues that caused the denial.
Common Reasons for N-400 Denial
| Denial Reason | What It Means | Can It Be Fixed? |
|---|---|---|
| Failed English test | Could not read, write, or speak basic English | Yes - retake at hearing or reapply |
| Failed civics test | Did not pass 6/10 questions twice | Yes - retake at hearing or reapply |
| Lack of good moral character | Criminal record, fraud, other conduct issues | Depends on severity |
| Insufficient continuous residence | Not 30 months in U.S. during 5-year period | Wait and reapply |
| Insufficient physical presence | Not in U.S. 30 months during 5-year period | Wait and reapply |
| Broke continuous residence | Trip abroad over 6 months | May need to wait longer |
| False claim to citizenship | Very serious - may bar citizenship permanently | Very difficult |
| Failure to support dependents | Not paying child support, etc. | Fix issue and reapply |
| Selective Service violation | Male didn't register between 18-26 | Depends on circumstances |
Option 1: Request a Hearing (Form N-336)
- •Must file N-336 within 30 days of denial
- •30-day deadline is strict - don't miss it
- •Filing fee: $760 (fee waiver available)
- •Hearing is before a different USCIS officer
- •Can retake English and civics tests at hearing
- •Can present additional evidence
- •Can bring attorney or representative
- •Decision usually given at or shortly after hearing
- •If denied again, can seek federal court review
What Happens at the N-336 Hearing
- 1Review of denial
Officer reviews why your application was denied
- 2Retake tests if applicable
If denied for failing tests, you'll retake them
- 3Present evidence
Submit new documents addressing denial reasons
- 4Testimony
You may be asked questions about your case
- 5Officer decision
Officer may approve, deny, or continue the case
- 6Written decision
You'll receive written notice of outcome
Option 2: Federal District Court Review
- •Must file within 120 days of N-336 decision
- •File in U.S. District Court where you live or where N-400 was filed
- •Court reviews whether USCIS correctly applied the law
- •Can review both legal and factual determinations
- •Federal filing fees apply (waiver possible for hardship)
- •Strongly recommend hiring immigration attorney
- •Court can order USCIS to approve application if wrongly denied
- •Can also remand back to USCIS for reconsideration
- •Success depends on strength of legal arguments
Option 3: Reapply After Addressing Issues
- •Can reapply immediately for test failures (but appeal is faster)
- •Must wait for residence/presence issues to resolve
- •Address good moral character issues if possible
- •Gather additional evidence before refiling
- •Pay new filing fee ($760 in 2026)
- •No limit on number of times you can apply
- •Consider what went wrong and prepare better
- •May want professional help for second application
Denials for Good Moral Character
- •Criminal convictions: Some are permanent bars, others aren't
- •Aggravated felonies: Generally permanent bar to citizenship
- •Fraud or misrepresentation: Depends on severity and materiality
- •False claim to citizenship: Very serious, but context matters
- •Failure to pay child support: Can be cured by becoming current
- •Tax issues: May need to resolve with IRS
- •Drug offenses: Varies by type and recency
- •The '5-year period' or '3-year period' matters - older issues may not apply
Selective Service Issues
- •If under 26: Register now and explain failure to register
- •If 26-31: Get status information letter from Selective Service
- •If over 31: Still need to explain failure to register
- •'Knowing and willful' failure may bar good moral character
- •Many immigrants didn't know about registration requirement
- •Provide evidence you didn't knowingly avoid registration
- •Green card issued after age 26 may help
- •Affidavits explaining lack of knowledge can support case
English and Civics Test Failures
- •At N-336 hearing: One more chance to pass each test
- •Study intensively before hearing date
- •Take citizenship preparation classes
- •Use official USCIS study materials (free online)
- •Practice speaking, reading, and writing English
- •Memorize all 100 civics questions and answers
- •Request accommodations if you have qualifying disability
- •Consider N-648 medical waiver if you have impairment
Timeline for Appeals and Reapplication
| Action | Deadline | Processing Time |
|---|---|---|
| File N-336 hearing request | 30 days from denial | N/A |
| N-336 hearing scheduled | N/A | 2-6 months typically |
| N-336 decision issued | At or after hearing | Immediate to weeks |
| File federal court petition | 120 days from N-336 decision | N/A |
| Federal court review | N/A | 6-18 months |
| Reapply with new N-400 | Anytime (for most denials) | Standard processing |
Pasadena and LA County Resources
- •USCIS Los Angeles Field Office handles N-336 hearings
- •Federal court: U.S. District Court, Central District of California
- •Immigration legal aid organizations for low-income applicants
- •Citizenship preparation classes in Pasadena
- •Arabic-speaking immigration attorneys
- •Community organizations offering N-400 help
- •Library resources for civics and English study
- •SoCal Immigration Services: Appeal preparation assistance
FAQFrequently Asked Questions
Q:I missed the 30-day deadline to file N-336. What can I do?
A: Unfortunately, the 30-day deadline for N-336 is jurisdictional and cannot be extended. If you missed it, you cannot request an administrative hearing. Your options are to reapply with a new N-400 (paying the filing fee again) or, in limited circumstances, argue in federal court that USCIS failed to properly notify you. Missing this deadline is serious - always act quickly after a denial.
Q:Can I become a citizen if I have a criminal record?
A: Many people with criminal records successfully naturalize. It depends on the specific offense, when it occurred, and the sentence. Some crimes are permanent bars (aggravated felonies), others are bars only during the statutory period (3 or 5 years), and many minor offenses don't prevent naturalization at all. A careful analysis of your record against immigration law is essential before applying or appealing.
Q:I was denied for continuous residence because I took a long trip abroad. What now?
A: Trips over 6 months but under 1 year create a presumption that you broke continuous residence. You may rebut this presumption with evidence (employment in U.S., taxes, family ties, etc.). If you can't overcome the presumption, you may need to wait for a new 5-year (or 3-year if married to U.S. citizen) period of continuous residence. An N-336 hearing lets you present additional evidence.
Q:Is it worth hiring an attorney for an N-336 hearing?
A: It depends on the complexity of your case. For test failures, you may not need an attorney - just study and retake. For good moral character issues, criminal records, or complex residence questions, an attorney can significantly improve your chances. For federal court review, an attorney is strongly recommended as these are formal legal proceedings.
Q:If I reapply instead of appealing, can USCIS use the old denial against me?
A: USCIS will review your new application fresh, but they have access to your file and prior denial. If the reason for denial hasn't changed, you'll likely be denied again. However, if circumstances have changed (passed more time, resolved issues, better evidence), a new application can succeed. Reapplication is best when the denial was for fixable issues.
Q:I made a mistake on my N-400 that USCIS says was fraud. What can I do?
A: This is very serious. If USCIS believes you made willful misrepresentations, it can bar naturalization and potentially affect your green card. At the N-336 hearing, you can explain that any errors were honest mistakes. Bring evidence supporting your intent (original documents, explanations of confusion). If the issue is serious, consult an immigration attorney immediately.
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