Steps to Take When Your Naturalization Application is Denied
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Becoming an American citizen is a dream for millions of people in the country. The process of even just becoming eligible to apply for naturalization is a long and arduous one. People naturally hope that once they have met those requirements, becoming a citizen is fairly easy. However, the N-400, Application for Naturalization is much more complicated than many people think, and approximately 10% of applications are denied every year. If your application has been denied, it is important that you do not give up. You still have several options available that can help you become a citizen.
Appeal the Decision
The first step in appealing the decision is to file Form N-366 within 30 days of receiving notification that your naturalization decision was denied. If the USCIS mailed the notice, you have 33 days to file Form N-366. You must also send the filing fee when sending in the form.
After filing, you will have a hearing scheduled within 180 days from the date you filed for an appeal. At the appeal hearing, you can present any new evidence that could persuade a judge to overturn the original decision. An immigration lawyer will know what evidence to collect and can make strong arguments in your case.
Re-File for Naturalization
Sometimes, re-filing a new application makes more sense than appealing the decision. For example, if you were previously denied citizenship because you committed a crime, it may make more sense to re-file rather than appeal. Immigration authorities will only consider the last five years of your presence in the United States so, if that time has passed, re-filing could secure a positive outcome. Likewise, if you were denied because you did not remain in the United States for the required amount of time but that no longer applies, you may also choose to re-file.
File a Motion to Reopen
You can also file a motion to reopen your case if the deadline to appeal your case has passed, but you have new evidence that was not available when you initially applied. An immigration officer will consider the new evidence and determine if it is appropriate to reverse the denial.
File a Motion to Reconsider
A motion to reconsider is similar to a motion to reopen because you are asking the immigration officer to take a second look at your case. However, the difference is that a motion to reconsider suggests that the officer initially made a legal error with your case and does not rely on the presentation of new evidence.
Our Illinois Immigration Lawyers can Help With Your Case
Being denied citizenship is incredibly disappointing, but it is important not to give up. You still have many options to obtain citizenship, and our Chicago immigration lawyers at Kriezelman, Burton & Associates can help. We will advise on the facts of your case, determine what the most appropriate option is for you, and help you through the entire process. Call us today or contact us online to schedule a meeting with one of our knowledgeable attorneys.
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I would like to sincerely thank Attorney Justin Burton and PL Kamila Lada for support with my adjustment of status case. I have been working with the firm for over a year now, and I have received nothing short of exceptional services and support throughout various cases for myself and family members. Highly recommend consulting and retaining this firm.
We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Highly recommend attorney Kevin Raica and attorney Agata Bigdanowicz. They were super helpful, responded on time, and won my case in record time. It took about a month and half in total for me to get my approval after filing!
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
I have heard from several people that Brittni is a great attorney. When my friend was detained, I recommended Brittni to take his case. She did an amazing job putting together all the necessary information, especially given that we had only a couple of days to submit the habeas corpus application. She and her team worked very professionally and provided clear guidance throughout. She stayed in touch consistently and was…
Highly recommend Jennifer Peyton in federal litigations. She’s very polite and experienced.
I decided to use the services of Kriezelman Burton & Associates, LLC, and Kevin was nothing short of professional and amazing. From the consultation to the final approval, he gave us confidence and reassurance throughout the entire process. When I first told him about my wife’s wish to change her status, the first thing he said was, “We will get it done.” Even during the USCIS pause, he continued to…
Great service and attention. Felt safe and confident since the first meeting. Couldn't be happier with the results and services. I had the pleasure of working with attorney Andrea Ochoa and it was a great experience would absolutely reccomend her services
Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
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