My N-400 was denied; now what?

My N-400 was denied; now what?

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Your N-400 Application for Naturalization was denied? What can you do about it now, if there is anything you can do? Is there still a chance of becoming a US citizen, or are you going to be deported?

These and many other questions may arise if your N-400, Application for Naturalization was denied. If you are a lawful permanent resident (a Green Card holder) and your citizenship application was rejected, it may be heartbreaking news. However, there are still other citizenship options.

First of all, there is more than one opportunity to apply for US citizenship. Depending on why you were denied, you may be able to wait several days, months, or years and reapply. 

Also, you need to know that you will not lose your Green Card if your N-400 was denied. And, of course, you will not be deported. What probably took place is that you do not qualify exactly under the rules for citizenship. Therefore, if you have not done anything to get deported, you will not.

As we always say, an immigration attorney in San Diego will help you figure out what you can do differently for the new application so that this time, you will increase the chances of getting approved.

What are the next steps after receiving a denial?

The first step should be to contact an experienced immigration lawyer in San Diego to talk about your options. You will want to do this as soon as possible after you receive the denial letter. The main reason is that you have only 30 days to appeal the decision if you choose to do so.

To file an appeal, you need to fill out Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings. It must be filed within 30 days of the N-400 denial, whether you received it in person or by mail. Form N-336 can be filed by mail or online, and the fee is $700.

You will need a solid legal argument for why the N-400 decision was wrong and submit additional evidence to prove that you qualify for citizenship.

Afterward, you will be scheduled for an interview/hearing after you filed the appeal. Even though having an attorney is not required for any step in this process, if you filed the first N-400 by yourself, it is likely that the denial occurred because you missed something. Therefore, having a lawyer guide you through the process is wise.

Hopefully, you will not have the N-336 denied, but it can occur.

Is the N-336 always the best path?

Filing an N-336 appeal is the fastest way to overcome the denial and become a US citizen. It is also less expensive than refiling an N-400. However, if your denial was because you have a criminal conviction inside the three or five-year statutory period leading up to your N-400 application, the best way to go is to refile the N-400.

In the case that you were denied citizenship because you are deportable, you will probably end up in immigration court and have to fight to keep your lawful permanent status. If you are successful, you may apply for citizenship again.

Whatever your case is, the important thing is that you have options available to you, so do not panic. It could be as simple as having to spend more time in the United States or failing to pay some taxes.

However, as we mentioned above, an immigration attorney will be your ally and will point you in the right direction to obtain citizenship. Contact Kannan Law today for more information.