American Citizenship

Naturalization

Eligibility requirements for citizenship through naturalization:

  • continuous residence in the US for five years (three years if married to an American citizen) in LPR status
  • physical presence for periods totaling at least half of the time described above
  • continuous residence in the US from the date of the application up to the time of admission to citizenship
  • demonstration of good moral character, attachment to the Constitution of the United States, and favorable disposition towards the US

Naturalization Denials

Re-hearing

If USCIS has denied your application for naturalization, you may request a new hearing on the application. Your file will be reviewed by a different immigration adjudicator. You will also appear for a new naturalization interview.

A new hearing must be requested within 30 days of the denial of your citizenship application. A legal brief and additional evidence may be included with the re-hearing request.

Adjudication Delay

Delay in the processing of a naturalization application can occur in two circumstances:

  • Failure to make a decision within 120 days of the interview
  • Unreasonable delay in scheduling the interview

In situations involving post-interview delay, you may apply to the US District Court for the district in which you reside for a hearing on your case under INA 336(b). The court may either adjudicate your application or remand the case to USCIS with further instructions.

In situations involving pre-interview delay, you may file a mandamus petition in the appropriate district court under the Mandamus Act (28 USC § 1361) or the Administrative Procedures Act (APA, 5 USC § 551 et seq.). In this case the court cannot decide your application; the court can direct USCIS to reach a decision on your case.

Federal Court Appeal

If your application for naturalization has been denied, you may seek judicial review  before the US district court for the district in which you reside under INA § 310(c), 8 USC § 1421(c). The court will review your application de novo, and will make its own findings of fact and conclusions of law.