Becoming a U.S. citizen is a significant milestone for many lawful permanent residents (LPRs) living in the United States. Once an LPR has met all the necessary requirements, they can apply for naturalization and take the final step towards full U.S. citizenship. However, this journey may not be as straightforward for some even if they meet all the initial requirements, as they may encounter difficulties when it comes to passing the English or civics exam. What happens if you fail either the English exam or the civics exam? Does that mean you have to give up on your dream of becoming a U.S. citizen? Not necessarily. Keep reading as we discuss the procedure and potential outcomes for LPRs who fail one or both of these exams during their naturalization application.

The Naturalization Process

Before delving into the procedure in the event of a failed English or civics exam, let’s take time to understand the naturalization process as a whole. The naturalization process begins with filing the N-400 application, which includes biographic information and immigration history, and supporting documents. After the application is submitted, the U.S. Citizenship and Immigration Services (USCIS) will schedule an interview where the English and civics exams will be administered. The English exam consists of speaking, reading, and writing tests. And the civics exam tests the applicant's knowledge of U.S. history and U.S. government. Applicants must pass both tests to have their naturalization application approved.

What Happens if an LPR Fails the Exam?

First, you should know that you have two chances to pass the test. If you fail either part of the test on your first attempt, you will be scheduled for a second interview within 60 to 90 days of the first one. You will only have to retake the part that you failed. For example, if you passed the English exam but failed the civics exam, you will only have to retake the civics exam on your second attempt. However, the LPR has the option to either appeal the decision or reapply for naturalization.

Second, you should prepare well for your second attempt. You can find study materials and practice tests on the U.S. Citizenship and Immigration Services (USCIS) website. (USCIS Study Resources) You can also seek help from community organizations or adult education programs in your community that offer citizenship classes. You should review the questions and answers that you missed on your first attempt and learn from your mistakes.

Third, you should know what to expect on your second attempt. The procedure will be similar to the first, except that you will only take the part that you failed. You will be interviewed by a different officer than the one who interviewed you the first time. The officer will ask you up to 10 questions from a list of 100 possible questions for the civics exam, and you must answer at least six correctly to pass. For the English exam, you will have to demonstrate your ability to read, write, and speak English by following the officer's instructions.

Finally, you should know the possible outcomes after your second attempt. If you pass the part that you failed, congratulations! You have passed the naturalization test and are one step closer to becoming a U.S. citizen. You will receive a notice of naturalization oath ceremony, where you will take the oath of allegiance and receive your certificate of naturalization.

However, if you fail the same part of the test again, unfortunately, your naturalization application will be denied. You will receive a notice of denial that explains why your application was denied and how to request a hearing if you disagree with the decision.

Appealing the Decision

If an applicant believes the immigration officer improperly failed them, they have the option to appeal the decision within 30 days of the official denial. The appeal process involves submitting a request for a hearing to USCIS, stating the reasons for the appeal and providing any relevant supporting documents. Requesting a hearing is done by completing and filing the N-336 form. USCIS will then review the appeal and make a decision. If the appeal is granted, the applicant will be allowed to retake the exams. If the appeal is denied, the applicant has the option to file a lawsuit in federal court.

Reapplying for Naturalization

If an LPR's application is denied due to failing the exams twice, the LPR can reapply for naturalization and start the process over. However, they must wait at least 90 days after the date of the second failed exam before reapplying. This 90-day period also applies to applicants who chose not to appeal the decision or if their appeal was not successful.

While failing the English or civics exam can be a setback in the naturalization process, it is not the end of the road. Applicants have the opportunity to retake the exams, appeal the decision, or reapply for naturalization. It is essential for LPRs to prepare and study for the exams to increase their chances of success. Seeking the help of an immigration attorney can also be beneficial in navigating the naturalization process and ensuring a successful outcome. Remember, the journey towards U.S. citizenship may have its challenges, but with determination and perseverance, it can still be achieved.