Why Does My Application Say Processing Again Dmh
Fifty-fifty though the N-400 naturalization form is one of the least complicated aspects of immigration, a sizeable 10% of applicants notice that they've been denied citizenship each year. If you've received a citizenship awarding denial or a delay, it can exist easy to panic.
Luckily, dissimilar many different kinds of visas, an application denial tin be appealed and in some cases revoked. This tin exist accomplished in a number of ways and usually warrant the help of a qualified legal professional to assist you choose which road is the most appropriate for your state of affairs.
If you're in a state of affairs where you've had your naturalization application denied, there is the possibility of completing an Due north-336 form or a "Asking for a Hearing on a Decision in Naturalization Proceedings" form. Depending on the circumstances and reasons for your initial naturalization awarding deprival, the N-336 form tin be your ticket to an appeal.
In one case USCIS issues you a citizenship awarding denial, yous can then request a hearing with a unlike immigration officeholder. This new immigration officer will then acquit a review of your application. Afterward that, you may be subjected to an additional civics test and English Ability test. When review and tests take been completed, the new immigration officer will have the option to either reconfirm the offset decision or revoke it.
Authoritative Review Filing Process:
- Yous must employ for an administrative review within xxx days of the original denial.
- So y'all need to submit the N-336 class (Request for a Hearing on a Decision in Naturalization Proceedings). This must exist completed at the same USCIS district office that initially denied the application.
- Include a filing fee of $605.
- You can file extra supplementary documentation to support the N-336 form. You may as well file a short summary describing your eligibility and compliance with citizenship laws.
- If the administrative review request has been filed correctly, yous will receive a message from the USCIS. The message will contain a date with the scheduled hearing.
Federal District Court Review Request
If an additional naturalization application denial occurs after filing a request for an authoritative review, you may then submit the application to the Federal District Court. An officer other than the i that initially interviewed yous or the i that denied you volition then deport new findings (known as a "de novo" review) related to the naturalization application and will determine if information technology abides past U.Due south. clearing law.
If you cull to take this route, you will be mandated to submit a petition for review to a local federal district court. You demand to practise this within 120 days of the administrative denial and your hearing will be scheduled inside 180 days of your asking.
When the new officeholder finishes the de novo review, he or she will come to i of the post-obit conclusions:
- The original denial will exist upheld
- The application will exist denied based on new findings during the review
- The deprival decision will be reversed and the application will exist approved.
There is also a run a risk to use this procedure to retake sure sections of the English language and Civics test that you may have failed. Continue in mind that this will merely be extended in one case and is not available to everyone who has failed the exam. Speak with your immigration attorney to learn if this applies to your case.
Legal Motions
In that location are two primary kinds of legal motions that can exist fabricated if y'all get a citizenship denial:
Motion to Reopen
A motion to reopen your case should only exist used if at that place is new evidence that has come to light that would greatly impact your case if considered alongside your original application. The officer who evaluated your application will determine if this new evidence warrants a reversal of the citizenship denial.
Movement to Reconsider
This route is taken when you believe that the evaluating officer made an error when issuing your denial for citizenship. This ways that you volition need to testify that the police force was applied incorrectly or insufficiently and that your application should be approved.
In either case, it is of import that you lot exercise not endeavor to file a move without the assist of an experienced citizenship attorney. Both motions and appeals are highly delicate legal processes that crave years of expertise to finer navigate.
Common Causes of Citizenship Application Denial
Hopefully, the USCIS included its reasons for your denial in the letter of the alphabet you received. If that isn't the example or if you have non nonetheless submitted your Due north-400, here are some mutual grounds for citizenship application denial:
English language and Civics test failure
Everyone who applies for citizenship must take the English and Civics Examination before citizenship can be granted. This test volition consist of questions pertaining to the history and government of the United States as well as certain geographical features of the country.
This test non only requires that you lot know a certain amount of information nigh the United States, but you also need to be able to read and answer the questions in English language. Because of this, failing the test is a common reason for citizenship denial. Be sure to practice using the official USCIS practice test. Also, your attorney tin can coach you through the process to give y'all the all-time take a chance for approval.
Failure to exist physically present in the Usa for at to the lowest degree 5 years prior to application
The regulations land that you must exist physically and continuously nowadays in the U.S. for the five years leading upwards to your citizenship application. This means that, even though yous are free to come up and go with your light-green card and a re-entry allow, any time spent abroad will not count toward your five years. If yous spend more than than a twelvemonth abroad, you lot may be in danger of violating your continuous physical presence.
Speak with your citizenship chaser before making whatever plans to spend a significant corporeality of time overseas as a green card holder to make certain that you are not sabotaging your citizenship efforts.
Lack of good moral character
Good Moral Graphic symbol (or GMC) is an umbrella term used by the USCIS to describe being considered "in practiced status" according to U.S. law. This means that y'all have not been convicted of a offense under the list of aggravated felonies and Federal crimes.
Keep in listen that committing crimes not included on this listing can still hands jeopardize your citizenship chances. Of grade, the all-time advice is to avoid criminal activity, but if you already have a criminal history, y'all will need to work closely with your immigration attorney to determine if you are eligible for citizenship.
In improver, you could have your application denied due to a DUI, divorce, adultery, fraud, tax evasion, misdemeanors and felonies, failure to provide child support, lying on your awarding, or if you obtained your green card through fraudulent means.
In order to help mitigate the chances of a citizenship application denial, it is important to review every factor that could be used against you with a designated legal professional person before applying.
Delays in Citizenship Applications Determination:
The USCIS is mandated to provide a decision on the citizenship application within 120 days of the naturalization interview. In rare cases in which the USCIS delays a conclusion regarding your application for a long period of time, the applicant has the option to submit a mandamus relief petition or mandamus lawsuit.
A mandamus lawsuit or mandamus action is a relatively drastic activeness that is there to force a decision on your awarding if the USCIS has been inactive in processing your request. If there has been a considerable filibuster after the interview and information technology is beginning to severely impair your opportunities, you may want to consider a mandamus action.
Information technology is important to notation that this does not guarantee that your application will be accepted, only that it will be decided. Information technology also does not provide any bounty for the fourth dimension already lost. If an opportunity has come and gone (such every bit a time-sensitive business organization investment or a maximum age requirement) then it will non be considered in the mandamus activeness.
Information technology is ever advisable to consult with a legal counselor earlier making whatsoever such decision. Filing a lawsuit against a branch of the United States Government is an option that should but be considered after all other options have been exhausted.
This must be filed with the federal commune courtroom that has authority over the applicant's USCIS part. The courtroom and then orders the indicated USCIS part to take action on the pending awarding.
If the local USCIS function refuses to make a judgment on the petition, the court has the authorization to grant or deny the application. Another choice possible for the court is to transfer the case back to the USCIS, accompanied with specific orders to accept action on the application.
How VisaNation Immigration Lawyers Can Help:
As with any legal situation, attempting to exercise things yourself is unremarkably not recommended. Seeking the guidance and help of professional legal representation and counseling tin be the difference between success and failure in the department of immigration law.
VisaNation Constabulary Group attorneys can help with citizenship application denials and delays in two means:
- If the applicant has not received a USCIS decision afterwards 120 days from the naturalization interview, contact VisaNation Law Group immigration attorneys for legal representation.
- VisaNation Police force Group immigration lawyers are experienced in profitable clients with Denial of Citizenship Application cases. We sympathize the necessary steps and documentation required for filing.
Source: https://www.immi-usa.com/immigration/citizenship-attorney/delays-denials-citizenship/
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