My N 336 Was Denied How Long Should I Wait to Apply for Citizenship Again
Even though the Due north-400 naturalization form is one of the least complicated aspects of immigration, a sizeable x% of applicants find that they've been denied citizenship each year. If you've received a citizenship application denial or a delay, information technology tin be easy to panic.
Luckily, unlike many different kinds of visas, an application deprival can be appealed and in some cases revoked. This can exist accomplished in a number of ways and commonly warrant the help of a qualified legal professional person to help y'all choose which route is the most appropriate for your situation.
If you're in a situation where yous've had your naturalization awarding denied, in that location is the possibility of completing an Northward-336 form or a "Request for a Hearing on a Conclusion in Naturalization Proceedings" grade. Depending on the circumstances and reasons for your initial naturalization application denial, the Northward-336 form tin be your ticket to an entreatment.
Once USCIS issues you lot a citizenship application denial, yous can then request a hearing with a unlike immigration officer. This new clearing officer will then conduct a review of your application. After that, yous may be subjected to an additional civics test and English Power exam. When review and tests take been completed, the new immigration officer will take the selection to either reconfirm the first determination or revoke it.
Administrative Review Filing Procedure:
- You must apply for an administrative review within 30 days of the original denial.
- Then y'all need to submit the N-336 class (Request for a Hearing on a Decision in Naturalization Proceedings). This must be completed at the same USCIS district office that initially denied the application.
- Include a filing fee of $605.
- You tin can file extra supplementary documentation to back up the N-336 form. You lot may also file a short summary describing your eligibility and compliance with citizenship laws.
- If the authoritative review asking has been filed correctly, you will receive a message from the USCIS. The message will comprise a date with the scheduled hearing.
Federal District Courtroom Review Request
If an boosted naturalization application denial occurs after filing a request for an administrative review, you lot may then submit the awarding to the Federal District Court. An officer other than the 1 that initially interviewed yous or the 1 that denied you will so bear new findings (known as a "de novo" review) related to the naturalization application and will determine if it abides past U.S. immigration law.
If you cull to take this route, you lot will exist mandated to submit a petition for review to a local federal commune court. You lot need to practice this within 120 days of the administrative deprival and your hearing will exist scheduled inside 180 days of your request.
When the new officer finishes the de novo review, he or she will come to one of the post-obit conclusions:
- The original deprival will be upheld
- The application volition be denied based on new findings during the review
- The denial decision volition be reversed and the awarding will be approved.
At that place is also a chance to use this process to retake certain sections of the English and Civics test that you may have failed. Keep in listen that this volition just be extended one time and is not available to everyone who has failed the test. Speak with your immigration chaser to learn if this applies to your instance.
Legal Motions
At that place are two main kinds of legal motions that tin exist made if you go a citizenship denial:
Motility to Reopen
A motion to reopen your case should just be used if in that location is new evidence that has come to light that would greatly impact your example if considered alongside your original application. The officer who evaluated your application volition determine if this new evidence warrants a reversal of the citizenship deprival.
Motion to Reconsider
This route is taken when you believe that the evaluating officer made an fault when issuing your denial for citizenship. This means that you volition demand to prove that the law was applied incorrectly or insufficiently and that your awarding should exist approved.
In either case, it is important that yous do not attempt to file a motion without the help of an experienced citizenship attorney. Both motions and appeals are highly delicate legal processes that require years of expertise to effectively navigate.
Mutual Causes of Citizenship Application Deprival
Hopefully, the USCIS included its reasons for your denial in the letter you lot received. If that isn't the case or if yous have not nevertheless submitted your Northward-400, here are some common grounds for citizenship application denial:
English and Civics test failure
Everyone who applies for citizenship must have the English language and Civics Test before citizenship can exist granted. This test will consist of questions pertaining to the history and government of the United States every bit well as certain geographical features of the land.
This test not simply requires that you know a certain amount of data about the United states, but yous also need to exist able to read and respond the questions in English language. Considering of this, failing the exam is a common reason for citizenship denial. Exist sure to practice using the official USCIS practice test. Likewise, your chaser can jitney y'all through the process to requite you the best chance for approval.
Failure to exist physically nowadays in the US for at to the lowest degree v years prior to awarding
The regulations state that you must exist physically and continuously present in the U.S. for the five years leading up to your citizenship application. This means that, even though you are complimentary to come and become with your green carte and a re-entry permit, any time spent abroad will not count toward your five years. If you spend more than than a twelvemonth abroad, yous may be in danger of violating your continuous physical presence.
Speak with your citizenship chaser earlier making any plans to spend a significant amount of fourth dimension overseas every bit a green card holder to brand sure that you are not sabotaging your citizenship efforts.
Lack of good moral character
Good Moral Character (or GMC) is an umbrella term used past the USCIS to describe being considered "in good status" according to U.Due south. law. This means that you have not been convicted of a crime under the list of aggravated felonies and Federal crimes.
Keep in mind that committing crimes not included on this listing can yet easily jeopardize your citizenship chances. Of grade, the best communication is to avert criminal activity, but if you lot already accept a criminal history, you lot volition need to work closely with your clearing chaser to determine if you are eligible for citizenship.
In addition, you could have your application denied due to a DUI, divorce, adultery, fraud, tax evasion, misdemeanors and felonies, failure to provide kid support, lying on your application, or if you lot obtained your green card through fraudulent means.
In order to help mitigate the chances of a citizenship application denial, it is important to review every factor that could be used confronting you with a designated legal professional before applying.
Delays in Citizenship Applications Determination:
The USCIS is mandated to provide a conclusion on the citizenship awarding within 120 days of the naturalization interview. In rare cases in which the USCIS delays a decision regarding your application for a long period of fourth dimension, the applicant has the selection to submit a mandamus relief petition or mandamus lawsuit.
A mandamus lawsuit or mandamus action is a relatively drastic activeness that is there to strength a conclusion on your application if the USCIS has been inactive in processing your request. If there has been a considerable filibuster after the interview and information technology is starting time to severely impair your opportunities, you may want to consider a mandamus action.
Information technology is of import to annotation that this does non guarantee that your application will be accepted, only that it volition be decided. It as well does non provide any bounty for the time already lost. If an opportunity has come up and gone (such every bit a time-sensitive business organisation investment or a maximum historic period requirement) then it will not be considered in the mandamus activity.
Information technology is always advisable to consult with a legal counselor before making any such decision. Filing a lawsuit against a branch of the United states Authorities is an option that should only be considered after all other options have been wearied.
This must be filed with the federal commune court that has authority over the bidder's USCIS role. The court so orders the indicated USCIS office to take action on the awaiting application.
If the local USCIS function refuses to make a judgment on the petition, the courtroom has the say-so to grant or deny the application. Another option possible for the court is to transfer the example back to the USCIS, accompanied with specific orders to accept activeness on the application.
How VisaNation Immigration Lawyers Can Help:
Equally with any legal situation, attempting to do things yourself is commonly not recommended. Seeking the guidance and help of professional person legal representation and counseling can exist the deviation between success and failure in the department of immigration law.
VisaNation Law Group attorneys can help with citizenship application denials and delays in two ways:
- If the applicant has not received a USCIS determination afterwards 120 days from the naturalization interview, contact VisaNation Law Group immigration attorneys for legal representation.
- VisaNation Police force Group immigration lawyers are experienced in assisting clients with Deprival of Citizenship Application cases. We understand the necessary steps and documentation required for filing.
Source: https://www.immi-usa.com/immigration/citizenship-attorney/delays-denials-citizenship/
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