New York Lawyer's Legal Updates

What can I do if my Citizenship application was denied?

Author: Citizenship Attorney Alena Shautsova

Administrative Review of Citizenship Application Denial

If you are denied Citizenship by a USCIS officer, you may ask for a hearing with a new immigration officer. This is called an N-336 Hearing. During this hearing you may be interviewed and given another civics and English test. Afterwards, the officer can either agree with the previous officer’s denial of your Citizenship application, or the officer can revise a part of the previous decision or the decision as a whole.

The N-336 request must be filed with the local USCIS district office that denied the citizenship application within 30 days of your notification of the denied application. There is a government filing fee of $650 and the check should be made payable to the US Department of Homeland Security. If this is done correctly you should receive your notice for a hearing within a few weeks, and the hearing should be within 180 days from the date you filed the N-336. You should always speak to an experienced immigration attorney when deciding whether or not you have a legal basis strong enough to win your N-336 Hearing.

Some of the possible reasons for denial that can be overturned at an N-336 hearing are as follows:

  • Petty Theft Exception, when USCIS claims that you are ineligible for citizenship based on your conviction of a crime, where the maximum offense can be no more than one (1) year and to which you were sentenced to no more than six (6) months imprisonment.
  • Lack of Evidence, when USCIS denies your request for a lack of evidence, however you have the evidence the denial was based on.
  • No lawful Green Card, when USCIS argues that your green card approval was a mistake made on their behalf, you will need to show that your green card was not given in error. Sometimes after receiving this you may be placed into deportation proceedings.

It is always recommended to speak with an experienced immigration attorney, consulting with an immigration attorney can save the hassle of having to appeal your applications and petitions saving you time and money. If you wish to speak with an attorney you may call our office at 917-885-2261.

01 July 2014
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