Steps to Take if Your N-400 is Denied
For many, the prospect of becoming a rightful US citizen carries both significant merit and an enduring promise. One key part of this process involves submitting the N-400 Application for Naturalization to the U.S. Citizenship and Immigration Services (USCIS). Yet, there can be instances where your N-400 form may be denied, making it crucial to understand the subsequent steps you need to follow.
LaToya McBean Pompy, immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys who are here to help you.
Step 1: Understanding Why Your N-400 Form Was Denied
The USCIS will typically provide detailed reasons why your application for your N400 form was denied. Common reasons include failing the English or civics tests during your interview, lacking the essential 'good moral character,' or not meeting certain eligibility requirements. Therefore, it's vital to study any accompanying documentation from the USCIS carefully and consult with an experienced immigration attorney in NY if you need further clarification.
Step 2: Review Your Options After Denial
When your US citizenship is denied, remember that it isn't the end of the road—there are options available to you. You may be able to either appeal the decision or file a motion to reopen or reconsider your case.
Step 3: Choose Between Appeal and Motion
Appealing involves submitting the Form N-336, Request for Hearing on a Decision in Naturalization Proceedings. This prompts a review of your application by another immigration officer. A 'motion,' on the other hand, could be either a 'motion to reopen,' where new evidence is presented that wasn't initially considered, or a 'motion to reconsider,' arguing that the decision was incorrect based on the existing evidence and legal precedents.
Step 4: Prepare and Submit Your Appeals Form or Motion
Whether you're appealing or filing a motion, accuracy is critical. You need to gather and present supporting evidence effectively and comprehensively while adhering strictly to USCIS rules and timelines: the N-336 form must be filed within 30 days from the date of your denial notification.
Step 5: Consult with an Immigration Lawyer in NY
Whatever course of action you choose, working closely with an experienced immigration attorney in NY like McBean Immigration Law will provide you with invaluable advice and direction. They can aid in forming a suitable strategy, ensuring your documentation is accurate, complete, and submitted on time.
FAQs
When addressing this topic for the clients of a New York immigration law firm, it's helpful to provide responses to frequently asked questions:
1. What happens if my US citizenship is denied?
If your US Citizenship application is denied, you can either appeal the decision using Form N-336 or file a motion to reopen or reconsider your case.
2. How can I appeal or file a motion against my N-400 denial?
You can file an appeal using Form N-336 within 30 days of receiving the decision of denial. Filing a motion involves presenting either new evidence or making the case that the original decision was incorrect based on existing evidence and legal norms.
3. Can I reapply for US citizenship after my N-400 form has been denied?
Yes, you're typically free to reapply for US citizenship after a denial if you still meet all eligibility requirements. Discuss reapplying with your immigration attorney before proceeding.
4. Can an Immigration lawyer help me if my N-400 is denied?
Absolutely. Consulting with an immigration lawyer gives you access to professional advice, clearer understanding about why your application was denied and valuable guidance on strategies for successful appeals, motions or reapplication.
5. How long does it take to hear back after filing a Form N-336 appeal?
While times may vary depending on different factors such as the complexity of your case and USCIS workload, it usually takes between 3 to 6 months to hear back after filing an appeal on a denied N-400.
Choosing the Correct Immigration Lawyer in New York
Overall, facing a denied N-400 can be daunting, but it isn't the end. Knowing your options, acting wisely, and leaning on the valuable support of an experienced immigration attorney in NY can vastly improve your chances of success.
LaToya McBean Pompy, immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys who are here to help you.
