Once You Are Denied Citizen Ship Can You Apply Again

Applying for to become a naturalized denizen is a big deal - it'due south a asking for a huge set ofrights and benefits. If you lot are approved tonaturalize, you will exist scheduled for an oath ceremony where you will swear loyalty to the United States. Once you naturalize, you get citizenship in the United States, which cannot be taken away unless fraud was committed in your naturalization application. It means beingness able to become a US passport, which may make travel to other countries easier. It also means being able to vote in elections in your state, local area, and for federal offices including the presidency. Hither's w hat to do if your N-400 is denied.

What to Do if Your Northward-400 is Denied

What if you apply for naturalization, just your N-400 is denied? You lot may be wondering what you should exercise. N-400 applicants whose cases are denied unremarkably have two ways to go forwards in fighting a deprival:

1) File an N-336 request for a hearing about the deprival within thirty days of the denial; or

2) Re-file the North-400, either now or at some point in the future.

What'south the best mode to motility forwards after a denial of an N-400? The answer depends on why your awarding is denied and your personal information.

Reasons your North-400 May Exist Denied

In that location are several basic requirements for naturalization. If you do non meet any 1 of these bones requirements, your N-400 volition be denied:

1. Be a permanent resident for the required period of time:
   • Any permanent resident may apply for naturalization once they have been a permanent resident for 5 years.
   • If your spouse is a U.S. citizen, you tin can apply if you accept been a resident for three years and you take been married to and living with your spouse for the concluding three years.
   • There are also special cases for people who have served in the military or other scenarios. Consult with an experienced immigration attorney about your state of affairs if you think yous may qualify to file under a special provision.
2. Physical Presence:  You lot must show that you have been physically within the United States for the required amount of fourth dimension (one-half of the last 5 years if y'all are applying based on being a resident for 5 years, or one-half of the last 3 years if you are applying based on being married to and living with a U.South. citizen.
3. Continuous Residence:  You must show that yous maintained a residence in the United States throughout the last five years (or 3 if you are filing based on marriage to a U.S. denizen)
4. Good moral character:  You must be able to show that yous have practiced moral character within the concluding 5 years (or the final iii years if y'all are applying based on beingness married to a U.S. citizen); and
5. Civics and English language Test:  Y'all must be able to show that you lot are skillful in English language and understand U.Southward. history and government by taking a examination.

More than detailed information on these requirements is available here.

Requirements for Naturalization with No USCIS Discretion

Some of these requirements are absolute, and whether yous come across them or non is a factual, black-and-white outcome. An applicant must see these requirements, or the application will be denied. An officer has no discretion to corroborate the application in these circumstances. Some of the requirements that must be met (there is no USCIS discretion) are:

Being a permanent resident for the required amount of fourth dimension .Unless you lot authorize to file under a special rule, you must accept been a resident for at least v years, or if you are filing based on marriage to a US citizen, you must accept been a resident for iii years ("the three-year dominion"). If you lot exercise not encounter this requirement, your application cannot be approved. Besides, if you file based on the 3-year rule, but you lot have non been married to and living with  your U.S. denizen spouse for the last three years, your application cannot be canonical.

Concrete presence requirement . This is a hardline rule. If y'all do not take the required corporeality of days within the United States, USCIS cannot approve your case. If this is the reason for your denial, you need to look at whether you authorize now and if you can file a new N-400.

Continuous residence requirement . If y'all take been out of the United States for a continuous period of one year or more than, this more often than not means that you must wait iv years and ane solar day subsequently your return to the United States to file for naturalization (or 2 years and one day if y'all are filing under the three-year rule). This is true even if you had a reentry allow while you were out of the U.S. Exceptions to this are people who have an canonical N-470 Application to Preserve Residence for Naturalization that covers the period of their absence from the United States, and people filing under the expedited naturalization provisions of department 319(b) of the Immigration and Nationality Deed.

English, History and Civics Test . You must pass the examination and you must show proficiency in English unless you encounter an exception to the English language linguistic communication requirement. If you lot do non qualify for an exception to the English requirement, merely cannot reply questions in English, your application will be denied. If you cannot correctly answer at least six of the 10 history and civics questions during the test, your application will be denied. If you practice not pass the examination for either of these reasons, USCIS will reschedule your interview for ninety days later to give you an opportunity to study and accept the test once again. However, subsequently your second examination, if you practise not pass or cannot show proficiency in English during your interview, your application will be denied. If your N-400 is denied for this reason, it may exist best to file a new Northward-400 and report the history and civics questions and do speaking English language in training for the interview.

Requirements for Naturalization with USCIS Discretion

Some of the requirements for naturalization are subject to USCIS discretion, such as determining if a person can show good moral character. In some cases, a person may have a criminal conviction that occurred exterior the final 5 years (or three if filing under the iii-year dominion). This can be a basis for denial of naturalization and can even lead to the person beingness placed in immigration courtroom.

Another expanse in which the Service has discretion is proving continuous residence in the United States where the bidder has been absent for periods of more than 180 days simply less than one year.

Immediate Adjacent Steps if Your N-400 is Denied

If your Northward-400 was denied, you need to review the deprival and be sure you understand why information technology was denied. If the denial appears to be based on an error, it's a good thought to speak to an immigration chaser with experience treatment these cases to help y'all verify that the denial actually was made in mistake and then have activeness to try to go the decision reversed if possible.

If the deprival does not contain errors, determine which of the requirements y'all did not meet. Some of the requirements for naturalization are not subject to officer discretion, and then if yous do not meet these requirements, the awarding was properly denied.

Clearing Lawyer in Houston

In all naturalization cases, a person'southward entire history may be scrutinized. If at that place was any outcome in the applicant'southward application for permanent residence, this may come up in the naturalization process and tin even be a basis for a denial. Even if yous believe your case has no issues, it'south a skilful thought to consult with an experienced immigration lawyer to sympathise what you can exercise to ensure that you file a thorough application and are prepared for the interview.

If yous're ready to get assistance applying for citizenship, contact us:

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Source: https://www.immisolver.com/news/what-to-do-if-your-n-400-is-denied