Delays/Denials of Citizenship Applications
In circumstances for which the applicant has had his/her citizenship application denied, there is the possibility of completing a N-336 form. The N-336 form is a “Request for a Hearing on a Decision in Naturalization Proceedings.”
Once the citizenship application has been rejected by the USCIS, the applicant may request a hearing with a different immigration officer. The new immigration officer then conducts a review on the applicant’s citizenship application. The applicant may be subjected to an additional civics test and English Ability exam. After the review and tests are completed, the new immigration has the option to either re-confirm the first decision or revoke it.
Administrative Review Filing Process:
- Within 30 days of the original denial, the applicant is required to apply for an administrative review.
- Submit the N-336 form (Request for a Hearing on a Decision in Naturalization Proceedings). This must be completed at the USCIS district office that had denied the application.
- Include a filing fee of $605.
- The applicant may file extra supplementary documentation to support the N-336 form. The applicant may also file a short summary describing the applicant’s eligibility and compliance of citizenship laws.
- If the administrative review request has been filed correctly, the applicant will receive a message from the USCIS. The message will contain a date with the scheduled hearing.
If an additional denial of the citizenship application occurs after filing for administrative review request, the applicant may then submit the application to the Federal District Court.
Federal District Court Review Request
The applicant has the option to file the application to the Federal District Court for additional review. The applicant is mandated to submit a petition for review to a local federal district court. This must occur within 120 days of the administrative denial. The federal district court will conduct new findings related to the citizenship application. It will determine if the citizenship application abides by U.S. immigration law.
Delays in Citizenship Applications Determination:
The applicant is mandated to receive a USCIS decision on the citizenship application within 120 days of the naturalization interview. In rare cases in which the USCIS delays a decision regarding your application for a long period of time, the applicant has the option to submit a mandamus relief petition, or mandamus lawsuit. This must be filed to the federal district court that has authority over the applicant’s USCIS office. The court then orders the indicated USCIS office to take action on the pending application. If the local USCIS office refuses to make a judgement on the petition, the court has the authorization to grant or deny the application. Another option possible for the court is to transfer the case back to the USCIS, accompanied with specific orders to take action on the application.
How Our Immigration Lawyers Can Help:
- If the applicant has not received a USCIS decision after 120 days from the naturalization interview, contact our skilled immigration attorneys for legal representation.
- Our immigration lawyers are experienced in assisting clients with Denial of Citizenship Application cases. We understand the necessary steps and documentation required for filing.