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How to Appeal over Denial of US Citizenship Application?

By Hazel Ickes Subscribe to RSS | June 19th 2012 | Views:

Laws of USCIS are stringent and hence surpassing the laws to be hold the valuable green card is not an easy job. Becoming a US citizen is still a due achievement for all immigrants who immigrated to US with an intention of becoming a part of the country. But the long road taken to become a US Citizen is not very easy to travel. The toughest part comes when the US citizenship application form you filed is denied for some reason placing a tough hurdle on the path to citizenship. USCIS offers an option for the immigrants when they feel that an unfavorable decision has been taken by them. You can appeal over your denial.

What is an Appeal?

An appeal is described as a request to the authority to review the decision. After you receive notice of denial you may appeal over the decision within 30 days from the date of decision. The Administrative Appeals Office is the one which deals with the citizenship appeals. You can decide whether to appeal or not after reading your denial notice which will contain reason for denial and also mention whether you have rights to appeal or not.

How to file an appeal?

Form N-336 meant to Request for Hearing on a Decision in Naturalization Proceedings need to be filed if your citizenship application is denied. Mail your N-336 form to the office where you sent your original citizenship application. Attach a check or money order for $605 payable to "The U.S. Department of Homeland Security." You will receive a decision on whether the office will approve or deny your US citizenship form within six months. You need to file this with the USCIS. If Immigration rejects your N-336 application you have the right to then appeal the decision to the federal district court.

You may submit brief and added substantiation in support of your N-336 request. A good brief should review how the citizenship rules apply to the facts of your case and explain why you are eligible for citizenship, if you think your naturalization application was improperly denied

Federal District Court Review

If the administrative review still denies your citizenship application you may have a federal court review your application. You need to file a request in the federal court that is located in the place where you live. The court reviews the petition from the scratch and hence will make its own finding of facts and end up with its own conclusion. The law states that you need to be filing a request for review within 120 days from the date of administrative denial.

Most Common Reasons

A need for attorney is required when naturalization applications are denied due to criminal history. One more common cause of citizenship applications being denied is the failure to register for selective service. Other common reasons include problems with the residency requirement and applicant lacking good moral character.

Whatever the case may be if you feel that something is unfair about the decision made by the USCIS on your citizenship application you can literally file an appeal and in that way USCIS is assuring liberty to all applicants who file citizenship application form.

Hazel Ickes - About Author:
citizenship application
US citizenship form

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