Once You Are Denied Citizenship Can You Apply Again
Fifty-fifty though the N-400 naturalization form is one of the least complicated aspects of clearing, a sizeable x% of applicants observe that they've been denied citizenship each twelvemonth. If y'all've received a citizenship awarding denial or a delay, it tin be easy to panic.
Luckily, unlike many unlike kinds of visas, an application deprival tin can be appealed and in some cases revoked. This can be achieved in a number of ways and ordinarily warrant the help of a qualified legal professional to help you choose which route is the nigh appropriate for your situation.
If yous're in a state of affairs where you've had your naturalization application denied, there is the possibility of completing an Northward-336 form or a "Request for a Hearing on a Decision in Naturalization Proceedings" course. Depending on the circumstances and reasons for your initial naturalization application denial, the N-336 form tin can be your ticket to an appeal.
In one case USCIS bug yous a citizenship awarding deprival, you lot can and then request a hearing with a different immigration officer. This new immigration officer volition and so conduct a review of your application. After that, y'all may exist subjected to an additional civics exam and English Ability exam. When review and tests have been completed, the new immigration officeholder will have the option to either reconfirm the first conclusion or revoke information technology.
Administrative Review Filing Procedure:
- You must apply for an administrative review inside 30 days of the original denial.
- And so yous need to submit the N-336 grade (Request for a Hearing on a Decision in Naturalization Proceedings). This must be completed at the aforementioned USCIS district office that initially denied the awarding.
- Include a filing fee of $605.
- You can file extra supplementary documentation to support the Due north-336 form. You may also file a short summary describing your eligibility and compliance with citizenship laws.
- If the administrative review request has been filed correctly, you volition receive a message from the USCIS. The bulletin volition incorporate a date with the scheduled hearing.
Federal District Courtroom Review Asking
If an boosted naturalization application denial occurs after filing a request for an authoritative review, you may then submit the awarding to the Federal District Court. An officer other than the ane that initially interviewed you or the one that denied you will so conduct new findings (known as a "de novo" review) related to the naturalization application and volition decide if it abides by U.S. immigration law.
If you lot choose to take this road, yous will exist mandated to submit a petition for review to a local federal district courtroom. You need to do this within 120 days of the administrative denial and your hearing will be scheduled within 180 days of your request.
When the new officer finishes the de novo review, he or she will come to one of the following conclusions:
- The original denial will exist upheld
- The awarding will be denied based on new findings during the review
- The denial conclusion volition be reversed and the application will be approved.
There is also a gamble to use this procedure to retake certain sections of the English and Civics examination that you may accept failed. Keep in mind that this will only be extended once and is not available to anybody who has failed the test. Speak with your clearing attorney to acquire if this applies to your case.
Legal Motions
There are two main kinds of legal motions that can be made if you get a citizenship denial:
Movement to Reopen
A move to reopen your case should only be used if there is new evidence that has come to light that would greatly bear on your instance if considered alongside your original application. The officeholder who evaluated your awarding volition decide if this new evidence warrants a reversal of the citizenship denial.
Movement to Reconsider
This route is taken when yous believe that the evaluating officeholder made an error when issuing your deprival for citizenship. This ways that yous will demand to evidence that the law was applied incorrectly or insufficiently and that your application should exist approved.
In either case, it is important that yous exercise not attempt to file a motility without the aid of an experienced citizenship attorney. Both motions and appeals are highly delicate legal processes that require years of expertise to finer navigate.
Common Causes of Citizenship Application Denial
Hopefully, the USCIS included its reasons for your denial in the letter you received. If that isn't the case or if yous have not even so submitted your Due north-400, hither are some common grounds for citizenship application deprival:
English and Civics test failure
Anybody who applies for citizenship must have the English and Civics Test before citizenship can be granted. This test will consist of questions pertaining to the history and government of the United States likewise as certain geographical features of the country.
This test not only requires that you lot know a certain amount of data about the United States, merely you also need to exist able to read and respond the questions in English language. Because of this, failing the test is a common reason for citizenship denial. Be sure to practise using the official USCIS do exam. Also, your attorney can coach y'all through the process to give you the best take a chance for approval.
Failure to exist physically present in the US for at least 5 years prior to application
The regulations state that you must be physically and continuously nowadays in the U.Due south. for the five years leading up to your citizenship application. This ways that, fifty-fifty though you are free to come and go with your green card and a re-entry let, any time spent abroad will not count toward your v years. If you spend more than a year abroad, you may be in danger of violating your continuous physical presence.
Speak with your citizenship chaser earlier making whatsoever plans to spend a significant amount of time overseas as a dark-green carte du jour holder to make certain that you are not sabotaging your citizenship efforts.
Lack of good moral character
Good Moral Character (or GMC) is an umbrella term used by the USCIS to draw being considered "in good status" co-ordinate to U.S. police. This means that you have not been convicted of a offense under the list of aggravated felonies and Federal crimes.
Keep in listen that committing crimes not included on this list tin still easily jeopardize your citizenship chances. Of course, the best communication is to avoid criminal activity, but if you already have a criminal history, you will need to work closely with your clearing attorney to decide if you are eligible for citizenship.
In addition, you could take your application denied due to a DUI, divorce, infidelity, fraud, revenue enhancement evasion, misdemeanors and felonies, failure to provide child support, lying on your application, or if you lot obtained your green card through fraudulent means.
In social club to assistance mitigate the chances of a citizenship application denial, it is of import to review every gene that could be used against you lot with a designated legal professional before applying.
Delays in Citizenship Applications Decision:
The USCIS is mandated to provide a decision on the citizenship application within 120 days of the naturalization interview. In rare cases in which the USCIS delays a conclusion regarding your application for a long flow of time, the bidder has the option to submit a mandamus relief petition or mandamus lawsuit.
A mandamus lawsuit or mandamus action is a relatively desperate activity that is there to force a decision on your application if the USCIS has been inactive in processing your request. If there has been a considerable filibuster subsequently the interview and it is get-go to severely impair your opportunities, you may desire to consider a mandamus action.
It is of import to note that this does not guarantee that your application will be accepted, only that it will be decided. It too does non provide any compensation for the fourth dimension already lost. If an opportunity has come up and gone (such as a time-sensitive business investment or a maximum historic period requirement) then it will not be considered in the mandamus activeness.
It is e'er advisable to consult with a legal advisor before making any such decision. Filing a lawsuit confronting a branch of the United States Government is an selection that should simply be considered later all other options take been exhausted.
This must exist filed with the federal district court that has authority over the bidder's USCIS office. The court and so orders the indicated USCIS office to take activity on the pending application.
If the local USCIS office refuses to make a judgment on the petition, the court has the dominance to grant or deny the application. Another option possible for the courtroom is to transfer the case back to the USCIS, accompanied with specific orders to take activity on the application.
How VisaNation Immigration Lawyers Can Aid:
As with any legal state of affairs, attempting to do things yourself is usually not recommended. Seeking the guidance and help of professional legal representation and counseling tin can be the deviation between success and failure in the section of immigration law.
VisaNation Law Group attorneys tin assist with citizenship application denials and delays in 2 ways:
- If the applicant has not received a USCIS determination after 120 days from the naturalization interview, contact VisaNation Police Group clearing 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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