Skip to main content

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

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


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

Mark as helpful

1 lawyer agrees


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 consultation with an experienced attorney is always the best way to go.

Mark as helpful

1 lawyer agrees


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 be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

Mark as helpful


Have you amended your tax returns?

713-772-2300. All information provided is general in nature. Please consult with an immigration attorney with full details of the case.

Mark as helpful

1 comment



i just got the denied letter today. we r planning on doing the taxes as married for now on.


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.

Mark as helpful


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)

Mark as helpful

Tax law topics

Recommended articles about Tax law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics