C. Choosing to Appeal or Reapply

• Library: Becoming a U.S. Citizen (Nolo) (2021 Ed.)

C. Choosing to Appeal or Reapply

If your citizenship application is denied, you will receive a written explanation from USCIS as to why, along with information on how to file an administrative appeal.

You should seek legal assistance if:

• The reason for denial is confusing.
• The reason for denial is difficult for you to overcome on your own.
• USCIS has indicated that it will refer you to immigration court for removal proceedings.

In these instances, the stakes are too high for self-help efforts. Consult an attorney.

If, however, you believe that with a minimum of time and effort you can win your case—for example, you suddenly discover a document that could prove your foreign trip lasted less than a year—then continue reading.

Before filing an appeal, you'll need to consider two things:

• whether you have any basis on which to appeal (see Section C1, below), and
• whether filing an appeal is any better than starting over and reapplying (see Section C2, below).

1. Determining Whether You Have a Basis for Appeal

Before filing an appeal, you need to determine whether you have solid grounds upon which to appeal the decision—that is, you must be able to demonstrate that a mistake...