How long do i have to wait to re-apply for my citizenship after being denied?

Asked about 3 years ago - Lawrence, NY

my citizenship was denied because my husband and i did our taxes separated. do i have to wait 3 or 5 years after correcting the problem?

Attorney answers (6)

  1. Eugene J. Glicksman

    Contributor Level 17


    Lawyer agrees

    Answered . Your question is unclear. There are several things which need to be clarified, such as how long you have been a resident; whether you applied under the 3-year rule; whether your taxes were filed as "single" instead of "married." These are not things to discuss on a public forum like this. Make an appointment with an experienced immigration attorney for a full review of your case.

    Good luck!

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A... more
  2. Hayley R. Greenberg

    Contributor Level 16

    Answered . I am sorry to hear about your situation.

    You should contact an attorney to discuss your questions as additional information would be helpful. Your question appears to be incorrect. If you filed tax returns separately but stated you were married and did not lie on the tax forms, that alone is unlikely to cause you to be denied. You are missing some facts. Call an atty. ASAP.

    Our firm has many years of experience in the immigration field.

    I wish you the best of luck.

    Please remember that I do not normally monitor these questions after I have posted a reply.

    Free phone consultation Monday — Thursday 1-5 pm.
    Hayley Greenberg
    Greenberg & Merola, LLP
    Attorneys at Law
    521 5th Ave. Ste. 1700
    New York, NY 10175
    (212) 593-6111, facsimile (516) 887-1720
    (Additional offices: Brooklyn, Queens, Long Island)

  3. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . However long it takes for you to overcome the reasons for a denial.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. C. C. Abbott

    Contributor Level 20

    Answered . I agree with my colleagues. The re-application has to be done after you have "cured" the issue that resulted in the first denital of benefits,

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to... more
  5. William D. Fong

    Contributor Level 16

    Answered . Have you amended your tax returns?

    713-772-2300. All information provided is general in nature. Please consult with an immigration attorney with full... more
  6. Jeffrey Adam Devore

    Contributor Level 20

    Answered . Assuming the problem is cured you can refile at any time. However, filing a separate tax return from your husband is not necessarily a reason for denial. There is nothing unlawful about filing a separate tax return so long as you represented yourself as being married to the IRS.

    I suggest you consult with an experienced immigration attorney who can review the facts of your case and recommend how best to proceed.

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

US citizenship

In order to become US citizens and enjoy the benefits that citizenship grants, immigrants must go through the naturalization process.

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