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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 had a wonderful experience working with Kriezelman Burton & Associates, LLC. From start to finish, the team was professional, knowledgeable, and truly dedicated to guiding me through every step of the process. They made what could have been a stressful situation feel smooth and manageable, always answering questions quickly and keeping me updated. I especially want to thank Khabit for his outstanding support—he was patient, detail-oriented, and went above…
Many thanks to attorney Kevin A Raica and his assistant Rafael Rodriguez for all their help. My immigration case went very smoothly and quickly.
We worked with Kevin Raica from Kriezelman Burton & Associates, LLC, and I can confidently say he went above and beyond for us. Our process was very long and at times overwhelming, but Kevin guided us every step of the way with professionalism, patience, and dedication. He was always available to answer our questions, explained everything clearly, and made sure we understood our options at each stage. What stood out…
A family friend referred me to work with Maya Flores at Kriezelman Burton & Associates, LLC to help me with my U.S. naturalization. Despite the current immigration tension, Maya helped make the process smooth and her familiarity with procedure helped ease my anxiety. She submitted the citizenship application on my behalf and let me know what to expect. I decided to retain her service for the civics interview as well,…
I really want to thank Justin and Kamila; they are the best. I waited almost 20 years and no one could help me get my green card and in 4 months they helped me get my permit, and I got my green card in less then 4 months. They are the best. I will always be grateful for what they did for me, thank you Justin and Kamila!!!!
I am writing this review to express my deepest gratitude for the hard work on our case by our Immigration Attorney, Lauren McClure and her Paralegal, Kamila Lada. My Green Card was approved! I know this wouldn't have been possible without their expertise and dedication. They both were extremely helpful, responsive, and guided us through every step of the way. Lauren took the time to train us for our interview…
I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
I had an outstanding experience working with Brittni Rivera. From our very first consultation, she demonstrated deep expertise, professionalism, and genuine care for my case. Navigating immigration processes can be incredibly stressful, but Brittni made the entire journey much more manageable and transparent. She were always responsive to my questions, provided clear guidance at every step, and never made me feel like just another case. Thanks to her hard work…
Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
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