When a naturalization application is denied, and you believe that the decision was incorrect there are two things that you can do. The first is to request a hearing with an immigration official to discuss why the USCIS denied your application. The second thing that can be done is to get immigration lawyer advice. The Billings immigration attorney knows immigration law and may be able to provide answers, when looking over your situation. They can evaluate your case and help in the decision of what steps to take to have your naturalization application approved.
The letter of denial will explain how to appeal the decision and the form that is necessary to use, which is “Request for Hearing on a Decision in Naturalization Proceedings under Section 336 of the INA.” This will be Form N-336 that will be filed to request a hearing and must be filed within 30 days from the receipt of the denial letter. This is a process that may require the immigration lawyer free consultation to discuss your case. It is best to be prepared and have legal representation to explain all the possibilities. The Montana immigration attorney can provide the legal representation that is necessary, and that will provide you with the information to attend the hearing and learn why you have been denied or possibly have the denied application approved after a review of your application and documents.
The Billings immigration lawyer advice can include, explaining that if this hearing does not provide the results, you expect that there can be a petition filed for a new review of your application in the U.S. District Court. If this is the route, you decide to go the immigration attorney rates will be worth it to have legal counsel that can protect your rights. Even though you are not an American citizen you still have rights and the right to due process, by having your case reviewed by a higher court.
In many cases, it is possible to reapply, and will have a date that you may apply again using the correct steps to submit the application. If the naturalization application was denied due to failing the English or civics tests, in this situation, you can reapply as soon as you feel you are ready. It is important first, to ensure that you have either learned enough English or civics’ in order to pass the tests and have the naturalization application approved.
Applying to become a naturalized citizen will require going through some of the same steps as was done the first time. This will mean obtaining the Form N-400 and paying the fee again. Your fingerprints and photos will also need to be redone.
The reason you have been denied will be in the letter that is received and if there are any issues understanding the reasoning of the USCIS, the immigration lawyer questions to ask will be about these issues. Especially if you feel their reasons are wrong, and it was not just a matter of failing the English or civics tests. By specializing in immigration law the Billings immigration attorney can answer your questions and provide guidance that can help in becoming a naturalized citizen, even if it means going to court to have the original application reviewed. In most cases, it is not necessary to go this far and can be sorted out at a hearing or reapplying.
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