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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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…
Thank you all, I found this group to be a great service. Thank you all, blessings to you. especially Khiabett
We are incredibly grateful for the help and support we received from this office. From the very beginning, they understood the urgency of our situation and treated our case with real care, professionalism, and speed. They were extremely responsive, clear, and compassionate throughout the entire process. They moved quickly when timing was critical, kept us informed, and helped us navigate a very stressful immigration situation with confidence. Thanks to their…
Kevin Raica and his team handled my immigration application and i can other recommend them enough. They made a stressful process very easy. They are very knowledgeable in this area and helped us at every stage from beginning to end.
Brittni Rivera She is my Attorney from 2017 Thank you so, so much. This truly wouldn’t have been possible without you, Brittni. Can’t wait to file for the green cards.
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
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