Also important to remember is that just because your N application was denied does not mean that you will have your lawful permanent resident status your green card taken away.
Most of the time when your N is denied, its not because you have done anything that can get you deported, its because you may not exactly qualify under the rules for citizenship. So, if you receive a denial, do not panic, do not give up hope, do not flee the country, contact an experienced immigration attorney to talk about your options. You will want to contact an attorney as soon as possible after you receive the denial letter as you have only 30 or 33 days to appeal the decision if you decide to do that.
The first option for all N denials is to file an appeal, which is known as a Form N Request for a Hearing on a Decision in Naturalization Proceedings. This form must be filed within 30 or 33 days of the N decision, depending on whether you received it in person or by mail. After you file the N, you will usually receive a notice for the hearing at the same office where your N was denied, but you will see a different immigration officer.
It is not required that you have an attorney for the N appeal process, but it is certainly much better to have an attorney help you with the appeal than to do it yourself. Often times, if you filed your N pro se without an attorney and you were denied, it is likely because of something that you overlooked in the law or your eligibility or you did make the right argument at the interview for why you qualify for citizenship.
This can include any briefs, written statements, or additional evidence depending on what the reason for denial was. The immigration officer who will hear the appeal has a lot of discretion in how to re-determine your application and the new evidence, so it is important to develop a good argument for your naturalization.
One example when it makes sense to re-file instead of appeal is if the denial was due to lack of good moral character because of an arrest for a minor crime that as of the time of the appeal happened more than five years ago. For instance, if at the time of initial application, the crime had been committed within five years, but now the five years have elapsed, this might make sense to just re-file. The good moral character test looks at the last five years, so waiting during that time period can make a difference in your case.
Alternatively, you can see if you are eligible for post-conviction relief that can help you meet the moral character requirement, and then reapply. Another example is if the denial was due to not meeting the physical presence or continuous residence requirements. Those requirements ask that you be within the United States for at least thirty months of the last five years from the point at which you applied. Part of this is that you must have been residing in the U.
There are civics questions on the naturalization test. During the naturalization interview, applicant will be asked up to 10 questions from the list of questions in English. Applicant must answer correctly 6 of the 10 questions to pass the civics test. USCIS will deny application if test is failed the second time.
USCIS will check if applicant has committed a crime in other countries as well. Find out when being rejected for citizenship can also put your green card in danger. Citizenship and Immigration Services USCIS might deny a Form N include, for example, that: you actually never merited the green card in the first place, or should never have been approved for it since getting a green card, you did something to make you removable deportable from the United States, and you don't meet the basic eligibility criteria for U.
Once stripped of the green card, the applicant will have no more right to U. Citizenship Citizenship is the highest benefit a person can obtain under U. These include that you: are at least 18 years old at the time of applying have had permanent residence a green card for the required number of years usually five, but fewer for certain categories of applicants, such as spouses of U.
Timeframe to Get a Nonimmigrant U. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select
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