What happens if you don't pass the interview?

If an applicant does not pass the naturalization interview, USCIS denies the application and the applicant has three principal options: appeal, reapply, or seek federal court review. The reasons for not passing fall into two categories. First, the applicant may have failed the English or civics tests; in that case, USCIS schedules a 60-to-90-day re-examination as described in 8 CFR section 312.5(a), and the case is denied only if the applicant also fails the re-examination. Second, the applicant may be ineligible for naturalization based on the substance of the application (insufficient continuous residence, insufficient physical presence, lack of good moral character, criminal history that bars naturalization, prior immigration violations, failure to register for selective service when required, attachment to the principles of certain disqualifying organizations under section 313 of the Act, or other statutory bars); in that case, the case is denied at the first interview and the applicant cannot retake the test.

After denial, the applicant has 30 days to file Form N-336 (Request for a Hearing on a Decision in Naturalization Proceedings) under section 336 of the Immigration and Nationality Act (8 U.S.C. section 1447) and 8 CFR section 336.2. The fee for Form N-336 is $830 under the April 2024 fee schedule. The N-336 hearing is conducted before a different USCIS officer (typically more senior) at the same field office, and the applicant may present new evidence, witnesses, and arguments. If the N-336 hearing affirms the denial, the applicant may file a petition for de novo review in U.S. district court under 8 U.S.C. section 1421(c) within 120 days. The district court reviews the case anew, not deferring to USCIS's earlier decisions.

Alternatively, instead of appealing, the applicant may file a new Form N-400 after addressing the reasons for the denial: studying more thoroughly for failed tests, accumulating more residence or physical presence, completing tax filings, resolving criminal matters, or waiting until the disqualifying period (if any) has passed. A new application requires payment of a new filing fee. Applicants should consult an immigration attorney before deciding between appeal and re-application, especially when the denial is based on substantive eligibility issues.