Guide from Asylum Lawyer in NYC : Naturalization Denial Defense

USCIS may deny a naturalization application for several reasons under 8 U.S.C. Section 1427 and related statutes. These include failure to establish continuous residence in the United States, inability to demonstrate good moral character, lack of English language proficiency, failure to pass the civics test, or fraud in the application process. Additionally, applicants with certain criminal convictions may be barred from naturalization. Understanding which ground applies to your case is essential for determining your next steps and whether an appeal is viable under immigration law.

Good moral character is a foundational requirement for naturalization under federal law. USCIS evaluates this factor by examining your conduct during the statutory period, typically the five years before application (or three years if you are married to a U.S. Citizen). Criminal convictions, fraud, dishonesty, and failure to pay taxes can all trigger a finding of lack of good moral character. An asylum lawyer in NYC can help you gather evidence of rehabilitation and character to support an appeal or reapplication if this was the basis for your denial.

Under 8 U.S.C. Section 1427, applicants must be at least 18 years old, have been lawful permanent residents for the required period, and meet all other eligibility criteria. The statute also provides that applicants with certain criminal convictions are permanently barred from naturalization. Additionally, 8 U.S.C. Section 1101(f) defines crimes of moral turpitude and other offenses that can result in denial. If your denial was based on a statutory interpretation dispute, your lawyer can file an administrative appeal with the Board of Immigration Appeals or seek review in federal court under the Administrative Procedure Act.

After receiving a denial notice, you have 30 days to file a motion to reopen or reconsider with USCIS, or you may pursue an appeal through the Board of Immigration Appeals. This process requires detailed legal arguments supported by evidence and case law. Your asylum lawyer in NYC will prepare all necessary documentation and represent your interests throughout the administrative review. If the agency continues to deny your application without legal basis, federal court review may be available under 5 U.S.C. Section 706.

In many cases, reapplication is the most practical path forward, particularly if the denial was based on factors you can remedy, such as English proficiency or civics knowledge. You may reapply immediately after denial, and your lawyer can help you address the specific deficiencies cited by USCIS. This might involve English language courses, civics study materials, or gathering additional character evidence. The table below outlines typical remediation timelines and preparation steps.

If you believe USCIS made a legal or factual error in denying your application, you may file a motion to reopen within 30 days of the denial decision. This motion must present new evidence or argument not previously considered. Alternatively, you may appeal to the Board of Immigration Appeals if you have grounds to challenge the agency's interpretation of law or its factual findings. Your asylum lawyer in NYC will prepare a detailed legal brief explaining why the denial was improper and why your application should be approved. These administrative remedies must be exhausted before pursuing federal court review in most circumstances.

Your first meeting with an asylum lawyer in NYC should focus on understanding the specific reason for your denial and reviewing all relevant documents. Your lawyer will examine your original application, the denial notice, any correspondence with USCIS, and your personal circumstances. During this evaluation, your lawyer will identify potential legal arguments, assess the strength of your case, and discuss realistic outcomes. This consultation is an opportunity to ask questions and understand the costs, timeline, and likelihood of success for each available option.

Once you decide on a course of action, your asylum lawyer in NYC will prepare all necessary documents. This may include a motion to reopen, administrative appeal brief, federal court petition, or reapplication package. Each document must be carefully drafted to comply with procedural requirements and present your strongest legal arguments. Your lawyer will also ensure that all supporting evidence is organized and submitted in the proper format. Timely and accurate filing is essential, as missing deadlines can result in dismissal of your case or waiver of important rights.

Your asylum lawyer in NYC will represent your interests throughout the process, whether that involves correspondence with USCIS, oral argument before the Board of Immigration Appeals, or litigation in federal court. Your lawyer will communicate with the government on your behalf, respond to requests for additional information, and advocate for your rights at every stage. Having experienced legal representation demonstrates your commitment to your case and significantly improves your prospects for a favorable outcome. Your lawyer will keep you informed of all developments and discuss strategy adjustments as circumstances change.