Going through the naturalization process to become a U.S. citizen can be complicated. Many application forms, interviews, tests, and details must be handled correctly. If your naturalization application gets denied, you can appeal the decision, but appeals also have risks. This article explains the naturalization and appeals process so you can understand the requirements and common mistakes to avoid in New York.

LaToya McBean Pompy is a New York immigration lawyer who immigrated to the United States herself. Her experience sparked an interest in helping many families unite 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.

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What is Naturalization?

Naturalization is the legal process allowing a foreign national to become a U.S. citizen voluntarily. Naturalization gives a person almost all the same rights, protections, and benefits that U.S. citizens have under the law.

Who is Eligible to Apply for Naturalization?

To be eligible for naturalization, you must:

• Be at least 18 years old.
• Have been a permanent resident (green card holder) for five continuous years (or three years if married to a U.S. citizen).
• Show that you have lived for at least half of the last five years in the U.S. after becoming a permanent resident.
• Be able to read, write, and speak basic English.
• Pass the civics test on U.S. history and government.
• Be of good moral character.
• Demonstrate attachment to the principles of the U.S. Constitution.

You should be approved if you meet all requirements and adequately complete the Form N-400 application. Getting help from an experienced immigration attorney can make this process smoother.

Reasons Your Naturalization Application May Be Denied

There are a few common reasons the United States Citizenship and Immigration Services (USCIS) may deny your naturalization application:

• You do not meet one or more eligibility requirements: For example, you have not lived in the U.S. long enough as a permanent resident.
• Your N-400 application has incorrect or incomplete information: Any mistakes or missing details could lead to a denial.
• You fail the English or civics exams: Not being able to read, write, or speak basic English or pass the test on U.S. history and government are grounds for denial.
• You fail to prove good moral character: Certain criminal activities or other red flags may be considered poor moral character.
• You missed the appointment: your citizenship interview cannot be ignored for no valid reason.

What Should You Do if Your Application Is Denied?

If USCIS denies your naturalization application, they will send you a written notice explaining the reason(s) for the denial. You then have a time frame from receiving this notice to file Form N-336 to appeal the decision. This starts your naturalization appeal process.

You should talk to an experienced immigration attorney as soon as possible after getting a denial notice. An attorney can review your case, explain your options, and handle your appeals process. Professional help is necessary to make a successful appeal.

The Risks and Mistakes to Avoid in a Naturalization Appeal

The naturalization appeals process has many complex steps and requirements you must follow. Some applicants’ top mistakes that hurt their cases are meeting the eligibility criteria. Ensure you double-check that you meet every eligibility requirement for citizenship under immigration law before applying or appealing a denial.

• Accuracy of the applications: Carefully review all parts of your N-400 and N-336 applications to check for any mistakes, missing details, inconsistencies, or unclear information. Incorrect or incomplete applications often lead to denials being upheld on appeal.
• Understanding the reasons for denial: Ensure you work with your attorney to fully understand the reasons stated in your notice. Your appeal arguments and evidence must adequately address the denial grounds.
• Meeting deadlines: There are strict deadlines for filing your N-336 and other forms/motions during the appeals process. Missing deadlines can ruin your case.
• Having the right legal representation: An experienced immigration attorney must appeal successfully. Poor representation often leads to permanent denials.
• Gathering enough evidence:  You must include persuasive evidence with your appeal to prove you meet the naturalization criteria. Not having enough evidence is risky.
• Being prepared for interviews and hearings: Your attorney will help you practice for any interviews and hearings during the appeals process. The lack of preparation looks terrible.
• Keeping USCIS updated on personal information changes: If any personal details like your address or name change while your case is pending, you must update USCIS by filing Form AR-11.
• Demonstrating good moral character: Since good moral character is key for naturalization, anything that raises doubts will hurt your appeal.
• Underestimating the difficulty of appeals: The appeals process has many complicated legal steps. Expecting an easy process can doom your case.

How Can an Immigration Attorney Help With My Appeal?

As you can see, trying to appeal a naturalization denial successfully without professional legal help is extremely difficult and risky. Here are some key ways an experienced immigration attorney can help improve your chances of winning an appeal:

• Review your entire case history for strengths and weaknesses.
• Clearly explain all legal options for appealing the denial.
• Identify the relevant laws and regulations that apply to your case.
• Ensure document deadlines and court dates are clear.
• Handle all communications with USCIS on your behalf.
• Prepare the most substantial arguments to overturn the denial reasons.
• Gather affidavits, documents, and other evidence to support your appeal.
• Represent you in interviews, hearings, and court proceedings.
• Generally guide you through the complex appeals process.

FAQs

1. What Should I Do If My Naturalization Application Is Denied In New York?

You should immediately consult an experienced New York naturalization appeals attorney to review your denial notice and discuss the best options. The attorney can then handle filing your N-336 appeal and representing you further.

2. How Long Must I File An Appeal After My Naturalization Is Denied In New York?

You must file the N-336 appeal within 30 calendar days of receiving the denial notice from USCIS. This deadline is stringent, so don’t delay.

3. Can I Reapply For Naturalization In New York If My Appeal Is Denied?

Yes, you can reapply by filing a new Form N-400. However, any mistakes that caused your first denial must be corrected in a new application. Speak to your attorney first about the best timing and approach for reapplying. Getting denied again can complicate things further.

4. What Is The Importance Of Working With A Skilled New York Immigration Attorney For My Citizenship Application Or Denial Appeal?

The naturalization process has a lot of complexity, and USCIS scrutinizes applications closely, so simple mistakes can quickly tank your chances. Having an experienced attorney well-versed in immigration law guide you through every step is extremely valuable. They will ensure compliance and give you the highest chances for approval.

5. Why does USCIS place such strong emphasis on “good moral character” for citizenship applicants?

Good moral character is vital for all potential U.S. citizens to respect laws and principles America holds dear. Any serious criminal offenses or history of lying/cheating raises flags for immigration officials regarding moral conduct and questions one’s commitment to being a conscientious, law-abiding citizen.

Connect With A Naturalization Lawyer in New York

The naturalization and appeals process has many intricate requirements and high standards for becoming a U.S. citizen. Working closely with a qualified immigration attorney when applying or appealing a denial is strongly advised. This ensures you avoid common mistakes and have an advocate fighting for approval at every step. Pay close attention to all details and fully prepare using the attorney’s guidance for best results.

If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.

Our experienced immigration attorneys at McBean Law can help determine your qualifications and guide you through the application process. Contact us today at (888)-462-4006 for a consultation to see if the naturalization appeals process suits your situation and goals.