Naturalization Denied? What Asylum Applicants in NYC Need to Know

Failing either the civics exam or the English test is grounds for denial, though USCIS allows one additional attempt before formally issuing one. Applicants 50 or older with 20 years of lawful permanent residence, or 55 or older with 15 years, may qualify for an English language exemption and take the civics test in their native language.

Good moral character (GMC) is assessed over the five years before the application, and sometimes further back for specific conduct. Issues that create GMC problems include criminal convictions, failure to file or pay taxes, failure to meet court-ordered child support, false testimony to obtain immigration benefits, and habitual drug or alcohol use.

Some convictions permanently bar naturalization. Aggravated felonies under federal immigration law carry a lifetime bar. Crimes involving moral turpitude, drug offenses, and domestic violence convictions each carry consequences that depend on timing and how the offense was classified under state law.

New York Criminal Procedure Law (CPL) § 440.10 lets a state court vacate a conviction obtained through constitutional violations, including ineffective assistance of counsel. A vacated conviction does not automatically clear a GMC problem at USCIS, because officers can still weigh the underlying conduct. A § 440.10 vacatur does, however, reduce the legal weight of the conviction and often forms the basis of a successful GMC argument. Our attorneys assess how your New York criminal record maps to the federal deportability grounds that directly affect naturalization.

To naturalize under the standard five-year pathway, you need five years of continuous residence and at least 30 months of physical presence in the United States. An absence over six months can disrupt continuous residence and requires documented explanation. An absence over one year creates a presumption of abandonment, which requires rebuttal showing you maintained ties to the United States throughout.

After asylum is granted, you can apply for a green card after one year. The five-year continuous residence clock for naturalization starts when the green card is approved, not when asylum was granted. Most asylum-based applicants become eligible to naturalize at least six years after their asylum grant.

An unresolved asylum case or an outstanding removal order will appear in the N-400 background check, even if you obtained a green card through a different route afterward. Any open immigration matter, including an old voluntary departure order, needs to be addressed before approval is realistic.

If you received your green card because a parent was granted asylum, you may qualify for derivative citizenship under federal law without filing your own N-400. Eligibility depends on your age at the time of your parent's naturalization, your lawful permanent resident status, and your custody arrangement at the time. Applying under the wrong eligibility category is a common and preventable reason for denial.

USCIS issues a written denial stating the specific grounds. A factual finding, such as a residence gap or a missing document, can often be addressed through evidence submitted on appeal. A statutory bar, such as an aggravated felony conviction, requires a different approach. That distinction shapes everything that follows.

Form N-336 requests a hearing before a different USCIS officer. You may present new evidence and legal arguments not included in the original application. If the N-336 hearing is also unfavorable, federal district court review under 8 U.S.C. § 1421(c) is available. At that stage, a judge independently reviews your eligibility based on the full record.

When the denial involved a failed civics test, a curable residence gap, or a GMC issue that has since resolved, a new N-400 filed at the right time can be faster than an administrative appeal. Our attorneys review the specific grounds in your denial notice before recommending one path over the other.