Naturalization Denial… What’s Next?
Ever since the day you became a lawful permanent resident, you dreamed of becoming a U.S. citizen. And now, you are eligible to file. You have been a lawful permanent resident for four years and nine months. You complete and file Form N-400 (Application for Naturalization) with the appropriate filing fee and all the supporting documentation, submit it to Immigration, and then wait for your interview to be scheduled.
In the meantime, you study the government and history questions for your interview. After several months of waiting, USCIS finally schedules you for interview. You are so excited, and you appear to the interview. The Immigration officer reviews your naturalization application with you, gives you the government and English test. You pass the government and English test, but at the conclusion of your interview, the officer denies your application. You believe that the denial is in error. You ask yourself, “What can I do now that my application for naturalization has been denied? I want to be a U.S. citizen.”
In this case, you have the right to file a request for a hearing before a new immigration officer. This process is done by filing Form N-336 (Request for a Hearing on Naturalization Application) with USCIS within thirty (30) days of the date on the notice denying your application for naturalization. With this application, you have the opportunity to submit an explanation why the immigration officer was wrong in denying your application and why your application for naturalization should have been approved. At your new interview, the new immigration officer will review your application and affirm or deny the prior officer’s decision.
USCIS again schedules you for a new interview based on your request for a hearing on your naturalization application. Again, you attend the interview, and the new officer again reviews your application. You just cannot believe it. The new officer agrees with the prior officer and affirms the denial of your application for naturalization. Now, you want to know what recourse you have.
Don’t lose hope! You can ask the federal district court to review your application for naturalization. In order to do this, you have to file a petition with the federal district court that has jurisdiction over where you live within one hundred twenty (120) days of the denial of your naturalization application. The court’s review of your application for naturalization will be de novo, which means the court will review your application from the beginning. The court will make its own determination on the facts of your case and make its own conclusion on how the law should be applied on your application for naturalization. The court cannot remand your case to Department of Homeland Security, USCIS. It must make a decision. However, should USCIS withdraw its denial of your application the court can lose its jurisdiction over your case.
Perhaps after the court reviews your application for naturalization, it will be approved, and your dream of becoming a U.S. citizen will become a reality.