What happens if your naturalization case is denied?

What happens if my naturalization case is denied?

Hi, I’m Jim Hacking, an Immigration Attorney practicing Law throughout the United States and based in our office in St.Louis, Missouri. En Español.

You know, we get this question a lot about what happens exactly when our naturalization case gets denied. The typical scenario involves someone filing for naturalization on their own using Form N-400 at the United States Citizenship and Immigration Services. One of the prerequisites for naturalization is being a lawful permanent resident in the country (also known as a green card holder), and you’ve maintained your permanent resident status.

I’ll guide you on what to do when you get a denied citizenship application.

Naturalization Denied: Steps to Take

USCIS can approve or deny your citizenship application. In case you get denied, here’s what you should do:

1. Read the Denial Notice: Carefully read and review this letter from USCIS to understand why your application was denied. The letter usually outlines the parts of the application you didn’t meet, including good moral character, English and civics tests, and residency requirements. Come up with the best course of action after reading the letter.
2. Hire an Immigration Attorney: An experienced immigration attorney can help you with the complexities of the immigration system. Ask for references from your family and friends who had similar experiences with the naturalization process 
3. File an Appeal: Complete and file the form N-336 or the Request for a Hearing on a Decision in Naturalization Proceedings before the 30-day period ends after you receive the denial notice.
4. Prepare for the Hearing: Gather all the documents you need to address the denial and present them during the hearing. Reapply with a stronger application as well to ensure success.
5. File a Petition: If the immigration officer denies your application, ask for guidance from immigration lawyers on filing a petition for review with a U.S. District Court.

Reasons for Denial of Naturalization Application

These are the common reasons why the immigration denies naturalization applications:

1. Residency Requirements: You need to live in the U.S. for five years or three years if your husband or wife is a U.S. citizen. Ensure you don’t spend much time outside the U.S. during that period. Failure to meet this requirement may result in application denial.
2. Failing English and Civics: Take classes to improve your skills in these areas before reapplying.
3. Criminal History: Some criminal convictions can affect your chances of getting naturalized in the U.S. Get legal advice to learn how to mitigate this situation.
4. Application Errors and Omissions: Always check your application to ensure it’s accurate before submitting it.
5. Failure to Present Good Moral Character: To get this certification, get involved in the community, secure letters of recommendation, and gather proof of paying taxes.

The road to getting naturalized is long. But with a strong application, you can increase your chances of being approved. Once you’re naturalized, you can have the right to vote in the local, state, and federal elections. You can also protect yourself from deportation proceedings, secure a U.S. passport, and travel to more than 180 locations without any visa.

So, if you have any questions about the appeals process for filing the denial of N-400 or any St. Louis immigration matter, call us at 314- 961-8200 or email us at [email protected]. Thanks!

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