How to File a Judicial Review N-400 Denial

If your application for naturalization is denied, you may be able to appeal the decision.

To become a United States citizen through the naturalization process, the United States Citizenship and Immigration Service, or USCIS, requires applicants to complete and submit form N-400. If the USCIS denies the application, the applicant can appeal the USCIS's decision by requesting a hearing at the local USCIS office; however, if the appeal hearing does not result in a different result for the applicant, the applicant can file a petition to have a district court judge perform a complete review of the individual's N-400 application.

Instructions

1. Draft a petition requesting the district court review the applicant's N-400 application. The petition to the court is a motion drafted by the applicant or the applicant's representative. A motion requesting the court to review the N-400 denial includes a request for the court to conduct a new review of the application. The applicant can argue that the denial was improper and submit any relevant supporting documentation.

2. File the petition requesting judicial review of the N-400 denial. The applicant needs to file the petition requesting judicial review of the N-400 denial in the applicant's closest district court, according to the USCIS. The applicant must file the petition within 120 days of the receiving a denial at the USCIS' hearing.

3. Serve a copy of the petition for review on all relevant parties. According to the USCIS, after the applicant files the petition in district court, the applicant must serve a copy of the petition for review on the Attorney General of the United States and the USCIS officer that led the hearing at the USCIS office.

References

• USCIS: Section 336.9, Judicial Review of Denial Determinations on Applications for Naturalization
• USCIS: Frequently Asked Questions