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Citizenship and Naturalization

Naturalization Denials & Appeals

It may be very stressful for an applicant to have their application for Naturalization denied. Luckily, there are way through which the applicant can salvage the denial or his or her application. Within thirty (3)0 days of being notified of the denial, the applicant must file a request for administrative review, form N-336 (Request for a Hearing on a Decision in Naturalization Proceedings). The N-336 should be filed with the local USCIS district office that denied the N-400 naturalization application. The filing fee must be included with the N-336. Once the N-336 is filed, an administrative review hearing will be scheduled within 180 days.
The administrative review hearing will be conducted by a new immigration officer. The new USCIS officer will review the Naturalization application and conduct another interview and examination. The most important aspect of the appeal is generally the legal brief arguing that the application was denied in error. The brief should be well researched and written in order to convince the USCIS officer that the application was mistakenly denied. The USCIS officer may either affirm the denial of the application or re-determine the initial decision.
If the second USCIS officer affirms the denial, the next possible appeal is through the federal district court. The district court can review the application after a petition for review is filed. The petition must be filed with the federal district having jurisdiction over the area in which you live. The standard of review for the federal district court is de novo, which means the court is reviewing the application without any regard for the previous two denials by USCIS. The petition for review must be filed within 120 days of the administrative denial by the second USCIS officer.
The appeal process is complex and generally extremely law-focused; therefore, it is important to have an experienced and knowledgeable immigration attorney representing you and writing the legal brief arguing for approval. The attorneys at the Law Offices of Yuri Tsyganov, PL have vast experience with all aspects of the naturalization process including appeals. We have helped many clients obtain naturalization through the appeal process. Contact us today to schedule a free consultation.
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