When Can I Application Again if They Denied My Citizenship
If my Northward-400 Awarding for Naturalization (U.S. Citizenship) has been denied past USCIS, what should I do at present, what tin can I practise now? What chances practise I have to nevertheless get a U.Due south. citizen? What will happen adjacent? Will I be deported? Practice I lose my status and my green card?
These are all very common questions that lawful permanent residents inquire themselves afterwards they receive a denial letter after an N-400 citizenship interview. Receiving a denial letter of the alphabet from USCIS telling you that you volition not go a citizen may be heartbreaking to people who have held a life-long dream to become a U.South. citizen. Merely an Northward-400 denial letter is oft not the end of the road and there are many options available to people who receive an North-400 denial letter.
The first thing to recall is that yous practise not merely get one opportunity to use for U.S. citizenship. That'due south correct, fifty-fifty if yous are denied, most of the time, y'all can reapply; you do not get but one bite at the apple tree. So depending on why y'all were denied, you lot may exist able to wait a few days, months or years and apply once again.
Besides important to remember is that only considering your N-400 application was denied does non mean that yous will have your lawful permanent resident status (your green card) taken away. Most of the time when your N-400 is denied, its not because you have done annihilation that tin go you deported, its because you may not exactly authorize under the rules for citizenship.
So, if you lot receive a denial, exercise not panic, do not give upwards hope, practice non flee the country, contact an experienced clearing attorney to talk about your options. Y'all will desire to contact an attorney equally soon as possible subsequently you receive the denial letter of the alphabet every bit you have only 30 or 33 days to appeal the decision if you lot decide to do that.
The first pick for all N-400 denials is to file an appeal, which is known equally a Grade N-336 Request for a Hearing on a Decision in Naturalization Proceedings. This form must exist filed within 30 or 33 days of the Due north-400 conclusion, depending on whether you received it in person or past mail. The class can be filed by mail or online and the filing fee is $700. If you file this appeal, you volition usually demand to have a good legal argument for why the Northward-400 decision was wrong and/or additional evidence that y'all did not provide at the Northward-400 interview that is needed to prove you authorize for citizenship.
Later on you file the N-336, you lot will usually receive a detect for the hearing at the same office where your N-400 was denied, but y'all will see a different immigration officer. The interviews/hearings are usually scheduled in about ii-5 months later on you file the entreatment. It is not required that you accept an attorney for the N-336 appeal process, but it is certainly much better to have an attorney help you with the appeal than to do it yourself. Often times, if yous filed your North-400 pro se (without an chaser) and you were denied, it is likely because of something that y'all disregarded in the constabulary or your eligibility or you did make the right argument at the interview for why yous qualify for citizenship. An experienced immigration chaser can help you decide if the appeal process is correct for you and if you have a stiff adventure of winning on appeal.
Also, if y'all plan to sue the government in federal court for denying your North-400 Awarding for Naturalization—yes you lot can do that—then you must file the Northward-336 first and be denied. Hopefully, you will not take your N-336 denied, just it can happen.
For many people denied citizenship, the N-336 appeal procedure is the best manner to quickly overcome the denial and become a U.S. citizen. In the correct circumstances, the North-336 is less expensive and takes less time for a conclusion than filing a new N-400. Even so, for some applicants, an N-336 is non the correct path and refiling an N-400 is the way to go.
For example, if your Northward-400 was denied because y'all have a criminal confidence or other bad human activity within the 3 or v year statutory period leading up to your N-400 application, appealing the denial may not exist the best idea for you lot. Sometimes, refiling your N-400, now that your conviction or other bad human action is more than three or five years in the past is the just fashion to go.
If USCIS denied your Northward-400 because you did something in the past that not only makes you ineligible for citizenship, just makes you deportable from the country—certain criminal convictions, unlawful voting, committing clearing fraud, etc.—and then appealing your denial or refiling your North-400 may not work and may non even be possible. If you are denied citizenship considering yous are deportable, you may end up in immigration court and take to fight to keep your lawful permanent resident status. If y'all are successful in court and get to go on your condition, you can ordinarily then apply for citizenship once again.
The important affair to remember is that if your North-400 is denied, y'all have many options available to you. Yous tin can appeal the conclusion or you can refile your N-400. Maybe you have to become to immigration court and fight your case. Maybe y'all have to pay dorsum income taxes or overdue child support in order qualify for citizenship. Maybe yous accept to spend more time in the United states of america and not have long trips abroad. Information technology is e'er best to accept a trusted and experienced clearing attorney by your side from the commencement of the N-400 procedure. Withal, if yous filed your Due north-400 yourself or if you have lost religion in the attorney who filed your N-400 for you lot and you take received a denial letter of the alphabet, contact an experienced clearing attorney right away to talk over your options to still become a U.S. denizen.
Source: https://www.floridaimmigrationlawyerblog.com/my-n-400-application-for-naturalization-was-denied-what-can-i-do-now/
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