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Brooklyn Citizenship Lawyers

You’ve waited years for this moment. You’ve held your green card, paid your taxes, built your life in Brooklyn, and now you’re ready to become a US citizen. You fill out the N-400, gather your documents, and submit your application. Then you wait. And when the decision finally comes, it’s not the approval you expected. Your naturalization application has been denied.

This happens to more people than you’d think. According to USCIS data, over 459,000 permanent residents had their Form N-400 denied over a recent five-year period. That’s roughly 10% of applicants each year. One in ten people who apply for citizenship don’t get it. And most of them never saw the denial coming.

The denial reasons aren’t always what you’d expect. Yes, serious crimes can permanently disqualify you. But applications also get denied for things like spending too much time abroad, failing to register for selective service, owing back child support, or failing the civics test twice. These aren’t rare edge cases. They’re common pitfalls that catch Brooklyn residents every day.

This article explains what actualy gets citizenship applications denied, what “good moral character” realy means under the law, and what you can do if your facing these issues. If your in Brooklyn and thinking about applying for citizenship, this is the information you need before you file.

The 10% Denial Rate – Why Applications Get Rejected

USCIS denies about 10% of naturalization applications each year. Thats not a small number. If your applying, theres a real chance – not just a theoretical possibility – that something in your application could cause a denial. Understanding why applications fail helps you avoid the same fate.

The most common denial reasons fall into a few categories: good moral character issues, failure to meet residence requirements, failing required tests, and incomplete applications. Some of these are fixable. Others can permanantly bar you from citizenship.

The good moral character requirement trips up more people then you’d expect. Its not just about avoiding serious crimes. It includes things like failing to pay taxes, not paying court-ordered child support, lying on your application, or having certain immigration violations. USCIS looks at your entire history during the statutory period – five years for most applicants, three years if your married to a US citizen.

Residence requirements are another major issue. Many people dont realize that spending to much time outside the US can break there continuous residence and force them to start the waiting period over. Even if your eligible on paper, travel patterns can disqualify you.

What “Good Moral Character” Actually Means

Every citizenship applicant must demonstrate “good moral character” during the statutory period. But what does that actualy mean? Its not just about being a “good person” in the general sense. Its a legal standard with specific requirements and automatic disqualifiers.

Permanent bars: Some things permanantly prevent you from ever establishing good moral character. Murder is the most obvious. Aggravated felonies also create a permanant bar. Drug trafficking, regardless of when it occured, is a permanant disqualifier. If any of these apply to you, citizenship through naturalization is not an option.

Conditional bars: Other issues create a temporary bar during the statutory period. Being convicted of two or more crimes with a combined sentence of five years or more. Getting most of your income from illegal gambling. Being convicted of certain drug offenses (other then a single possession offense involving 30 grams or less of marijuana). These dont permanantly bar you, but they prevent good moral character during the time there counted.

Heres something most people dont realize: even without a conviction, admitting to certain conduct can disqualify you. If you admit to using illegal drugs, even in states where marijuana is legal, that can be held against you. USCIS officers are trained to ask questions that might reveal disqualifying conduct, even if you were never arrested or charged.

Discretionary factors: Beyond the automatic bars, USCIS looks at your overall conduct. Failing to file taxes, even if you dont owe money, raises good moral character questions. Failing to pay court-ordered child support or alimony is considered a criminal offense that affects your application. Having outstanding warrants, no matter how minor, can cause problems. Basicly, anything that suggests your not following your legal obligations can be used against you.

Continuous Residence vs. Physical Presence – The Travel Trap

This is were many Brooklyn citizenship applicants get blindsided. Theres two seperate requirements involving time in the United States, and confusing them can destroy your application.

Continuous residence means maintaining your primary home in the United States. You need five years of continuous residence (three if married to a US citizen) before applying. This dosnt mean you can never leave the country – it means the US has to remain your home base.

Physical presence is different. This is the actual number of days you were physicaly present in the United States. For most applicants, you need at least 30 months (913 days) of physical presence during the five-year period before applying. For spouses of US citizens, its 18 months during three years.

Heres were travel becomes dangerous:

Trips under 6 months: Generaly dont disrupt your continuous residence. You can travel freely for short periods without affecting your application.

Trips of 6-12 months: Create a presumption that you’ve abandoned your US residence. You can overcome this presumption with evidence – showing you maintained a US address, kept your job, have family here, etc. – but the burden is on you to prove you didnt abandon residence.

Trips over 12 months: Automaticaly break your continuous residence. Unless you got a reentry permit before traveling or qualify for an exception, a trip of more then one year means you have to start the waiting period over from scratch.

Many Brooklyn residents get caught by this rule. They go back to there home country to care for a sick family member, planning to be gone “just a few months.” The months stretch longer. Suddenly there past the six-month mark, facing presumption problems. Or there gone over a year and have to restart there entire timeline.

Selective Service Registration – The Trap for Young Men

If your a male and you were between the ages of 18 and 26 while in the United States, you were required to register for Selective Service. Failure to register can result in citizenship denial.

This catches many applicants off guard. They came to the US as teenagers, were never told about selective service, and never registered. Now there applying for citizenship years later and discovering this creates a problem.

If your over 26, you can no longer register. But that dosnt mean the issue goes away. USCIS will ask why you didnt register, and “I didnt know about it” generaly isnt considered a good enough excuse on its own. You’ll need to provide evidence that your failure to register was not knowing and willful.

What helps: A letter explaining why you didnt register (lack of knowledge, no one told you). Evidence of when you learned about the requirement. Documentation showing you would have registered if you’d known. Character references. The more you can show that your failure was genuinly unintentional, the better your chances.

What hurts: Evidence that you knew about the requirement and ignored it. Long periods of living in the US without any apparent attempt to understand your legal obligations. Inconsistent statements about when you learned about selective service.

Tax Issues and Financial Obligations

USCIS takes financial obligations seriously. Your tax history and court-ordered support payments are part of the good moral character analysis.

Tax returns: You need to have filed tax returns for the years your required to file. Even if you didnt owe money, failure to file when required raises questions about your moral character. USCIS will ask for copies of your returns and may verify them with the IRS. Inconsistancies between what you report on your N-400 and what your tax returns show can cause serious problems.

Back taxes: Owing money to the IRS isnt automaticaly disqualifying, but it can create issues. If you owe a significant amount and arnt on a payment plan, that suggests your not meeting your legal obligations. Setting up a payment plan and making consistant payments before you apply helps demonstrate good faith.

Child support and alimony: If you have a court order to pay child support or alimony and your not paying, thats a problem. Failure to pay court-ordered support is considered a criminal offense for immigration purposes. It dosnt matter if your having financial difficulties – if theres a court order and your not complying, thats a good moral character issue.

The solution is to get compliant before you apply. File any missing tax returns. Set up payment plans for money you owe. Get current on support payments or work with the court to modify your obligations if you genuinly cant afford them. USCIS wants to see that your meeting your legal obligations, even if you’ve had difficulties in the past.

The Citizenship Test – Failing Twice Means Denial

The naturalization process includes both an English test and a civics test. Failing either one dosnt automaticaly end your application – you get a second chance. But failing twice results in denial.

The English test: Tests your ability to read, write, and speak basic English. The reading and writing portions involve simple sentences. The speaking portion happens throughout your interview as you answer questions.

The civics test: Tests your knowledge of US history and government. Starting October 2025, USCIS is implementing an updated civics test. The new test has 128 possible questions (up from 100), and the officer will ask you up to 20 questions. You need to answer 12 correctly to pass.

If you fail either test at your initial interview, you’ll be scheduled for a reexamination within 60-90 days. At the reexamination, you only need to retake the portion you failed. If you fail the second time, your application is denied.

Study resources: USCIS provides official study materials, including the full list of civics questions and answers. There are also many community organizations in Brooklyn that offer free citizenship preparation classes. The test isnt designed to be impossably difficult, but you do need to prepare. People who walk in without studying often fail.

Exemptions exist for certain applicants. If your 55 or older and have been a permanent resident for at least 15 years, you can take the civics test in your native language. If your 65 or older with 20 years as a permanent resident, you have a reduced set of civics questions to study. Medical exemptions are also available for those with qualifying disabilities.

False Claims to US Citizenship – The DMV Trap

Making a false claim to US citizenship has severe consequences, including deportation. But many people make this mistake without realizing it – often at the DMV.

Heres how it happens: You go to renew your drivers license. Theres a box asking if you want to register to vote. You check “yes” without thinking, or without understanding that only US citizens can register to vote. Now theres a record of you claiming to be a US citizen when you werent.

This comes up during naturalization because USCIS reviews your voting history and DMV records. If they find evidence you registered to vote or actualy voted when you werent eligible, thats a false claim to citizenship. It can result in denial and potentially deportation proceedings.

If you think you may have accidentally registered to vote, address this with an immigration attorney before applying for citizenship. Depending on the circumstances, there may be arguments that you didnt knowingly make a false claim. But this needs to be handled carefully – you dont want to bring it up at your interview without being prepared to address it.

What Happens If Your Citizenship Is Denied

A denial isnt always the end. You have options, though they depend on why you were denied and weather the underlying issue can be fixed.

Administrative appeal: You can file Form N-336 to request a hearing before an immigration officer. This must be filed within 30 days of the denial. At the hearing, you can present additional evidence or argue that the original decision was wrong. Some denials are overturned at this stage.

Reapplication: If the reason for denial is fixable, you can apply again once youve addressed the issue. Failed the civics test twice? Study more and reapply. Had a good moral character issue that’s now outside the statutory period? Wait until its no longer counted and reapply. The key is understanding exactly why you were denied and fixing that problem.

Federal court review: If you lose the administrative appeal, you can seek review in federal district court. This is rare and usually only worthwhile if you believe USCIS made a clear legal error.

The green card risk: Heres something important to understand. When you apply for citizenship, USCIS reviews your entire file, including how you got your green card. If they discover fraud or misrepresentation in your original green card application, they can deny your citizenship AND initiate proceedings to revoke your green card. Applying for citizenship can sometimes uncover problems you didnt know existed.

This is why working with an experienced immigration attorney before applying makes sense. They can review your history, identify potential issues, and help you address them before they become denial reasons.

Finding a Brooklyn Citizenship Lawyer

Not every immigration lawyer handles naturalization cases, and not every naturalization lawyer has experiance with the tricky issues that cause denials. Heres what to look for:

Experiance with complex cases: If your application is straightforward – no criminal history, no travel issues, no tax problems – you may not need extensive legal help. But if you have any potential issues, you want someone who’s handled similar situations. Ask about there experiance with good moral character problems, selective service issues, or continuous residence disputes.

Interview preparation: Many lawyers will attend your citizenship interview with you. This can be valueable if your nervous or if theres any chance difficult questions will come up. The lawyer can help clarify legal issues and protect your rights during the interview.

Denial experiance: If your application has already been denied, you need someone who knows the appeals process. Ask how many N-336 hearings theyve handled and what there success rate is.

Community resources: Brooklyn has many nonprofit organizations that provide low-cost or free immigration assistance, including Catholic Charities, the Brooklyn Bar Association Volunteer Lawyers Project, and various community legal clinics. If cost is a concern, these can be excellent resources for naturalization help.

Preparing Your Strongest Application

The best way to avoid denial is to prepare thoroughly before you apply. Here’s what that looks like:

Review your travel history. Calculate exactly how many days you’ve been outside the US during the statutory period. If your close to the physical presence requirement or had any trips over six months, gather evidence showing you maintained US residence.

Check your selective service status. If your a male who was in the US between ages 18-26, verify whether you registered. If you didnt, prepare your explanation and supporting evidence before applying.

Gather your tax returns. Make sure youve filed every return you were required to file. If you owe money, set up payment plans. If theres any discrepency between your tax returns and what youll report on the N-400, be prepared to explain it.

Address any child support issues. Get current on payments, or get a court modification if you genuinly cant pay. Document your compliance or your efforts to become compliant.

Review your criminal history. Get copies of any arrest or court records. Even if charges were dismissed, you need to disclose arrests on the N-400. Understanding exactly whats in your record helps you prepare to address it.

Study for the tests. Use the official USCIS study materials. Take practice tests. If English is a challenge, consider taking a class. Dont assume the tests are easy – prepare like they matter, because they do.

Taking the Next Step

If your in Brooklyn and ready to apply for citizenship, take time to understand what could cause problems before you file. The 10% denial rate is real. Every one of those denials was someone who thought there application would be approved.

Review your situation honestly. Look at your travel history, your tax compliance, your criminal record, and any other potential issues. If you see red flags, consult with an immigration attorney before applying. Its much easier to address problems beforehand then to fix a denial afterward.

Citizenship is worth fighting for. It gives you voting rights, protection from deportation, the ability to sponsor family members, and full participation in American civic life. But getting there requires understanding the requirements and making sure you meet them. A Brooklyn citizenship lawyer can help you navigate the process and give yourself the best chance of success.

Dont become part of the 10%. Prepare properly, address potential issues upfront, and approach your application with a clear understanding of what USCIS is looking for. Thats how you turn your green card into citizenship.