Interview: March 22, 2021 Seattle. You will need a solid legal argument for why the N-400 decision . If USCIS finds you lack good moral character, you can potentially be deported. Fraud, deceit, or tax evasion if the amount exceeds $10,000. They may cancel your card and place you in immigration court. And, of course, you will not be deported. 7031 Koll Center Pkwy, Pleasanton, CA 94566 If you are a green card holder (lawful permanent resident) who has lived in the U.S. for five years (or three in some cases), learned English, and wish to make the U.S. your permanent home, applying for citizenship may be the natural next step. Contact us to discuss what you need to do to become a citizen after you have won your removal/ deportation case! In fact, about 10% of all N-400 applications are denied. In the worst case scenario, the applicant can be served papers and be made to appear before a judge for deportation proceedings. The officer will tell you to expect a notice of approval in the . . The denial of N-400 does not automatically make your case ready for deportation. 10 yrs online! Recently i appeared before the immigration officer for my naturalization interview and i received a letter couple of days after that my N400 Application got denied. 833-890-0666. ICE is likely seeking to initiate deportation proceedings. One million served! I was denied as they mentioned "Due to the fact that you misrepresented yourself to the service and that you engaged in an extramarital affair". However, that can be a big risk to take, and that is why the assistance of an immigration attorney is imperative in the naturalization process. There are many reasons why an N-400 application may be denied, however. When foreign-born persons seeking naturalized U.S. citizenship make lies or false statements (other than honest mistakes) on their application ( Form N-400 ), it's taken very seriously by the U.S. government; specifically, by U.S. We will cover the following topics: Filing an appeal when denied naturalization Re-filing for naturalization versus filing an appeal Filing a legal motion when denied naturalization Submitting to the Federal District Court . Citizenship and . Depending on why you were denied, you may be able to wait several days, months, or years and reapply. However, you might have heard stories of people who not only got denied citizenship, but got deported home afterward. ralirehmani 0 ralirehmani 0 Newbie; Members; 0 1; Report post . But it's a risky step for some people. It has always been important to screen naturalization applicants thoroughly to ensure that they are, in fact, eligible for naturalization, and to assess any potential issues that could cause them to denied or deported. Most often the USCIS denies applicants under this . Having A Criminal Record What is the N-400? you are permanently denied U.S. citizenship: Murder; an aggravated felony (if the conviction was after November 29, 1990) . Continue reading for a discussion of how and why N-400 applications are commonly denied, and reach out to a dedicated New York immigration lawyer for help with deportation defense, green card, citizenship, visa, or other immigration status issues. N-400 was denied stating "no official records from the company were submitted". In the end, the . . If the conviction for an aggravated felony took place before November 29, 1990, that crime does . need advice? Having your citizenship application denied can be scary. N-400 Denied after Interview for Failing to Show Good Moral Character. Or call 1-866-347-2423 (in the U.S., Mexico, or Canada) or 1-802-872-6199 (from other countries). Unfortunately I signed the paper without paying attention. Could this happen to you? A. Lawful Permanent Resident at Time of Filing and Naturalization 1. In fact, about 10% of all N-400 applications are denied. Like most things in life, there are two sides to any story, and USCIS recognizes that in some cases, it is fair to place an extra-marital affair within its proper context. The form for filing an appeal is the N-336, Request for Hearing on a Decision in Naturalization Proceedings. Not Registering For The Selective Service . Naturalization (N-400) Delay or Denial. You certainly won't be deported for it, but you could be denied citizenship. It can be difficult to predict when one or more minor convictions within the GMC period will result in your naturalization application being denied. . Hello, I am in the same shoes with that person who wrote in the beginning of the forum. You certainly won't be deported for it, but you could be denied citizenship. See Part G, Spouses of U.S. Citizens, Chapter 1, Purpose and Background, Section C . Now my mom applied for N-400 same time and interview was scheduled for the same day but obviously with a different officer. Another common cause of naturalization applications being denied is the failure to register for selective service. See a complete guide to Enforcement and Removal Operations (ERO) from ICE and a 2016 report on removal statistics. There may be situations where you can recant during the interview, but generally speaking, the N-400 can be denied on this basis alone, even if you have passed the . There are pros and cons to the N-336. The Government Denied My N-400 Application: . If you have any criminal history, be aware that you may be detained after your N-400 is denied, and you may not qualify for a bond. The fact that you received an actual N-400 denial notice, rather than a notice to appear for a deportation hearing, indicates that they are not interested in trying to deport you. The USCIS requirements provide that an applicant for naturalization must show good moral character. Oath: March 22, 2021 COVID-style same-day oath. The IJ denied Mr. Bernal's application for relief from deportation and for voluntary departure and ordered him deported. The Government Denied My N-400 Application: . Second, you can file a new naturalization application as an alternative. You must apply for an administrative review within 30 days of the original denial. Lawful Admission for Permanent Residence. ASK a legal question; POST an issue. For example, a conviction for violating a protective order can result in your deportation from the United States. Our firm has represented client's who have voted before they became citizen and have gotten their US citizenship. 1. There is one significant caveat for naturalization aspirants who committed one of these crimes several decades ago. There is a limited opportunity after your denial to appeal your denied N-400. Free no obligation consult with a lawyer. What's the best way to move forward after a denial of an N-400? Follow us on Facebook.com/GurfinkelLaw and Twitter @GurfinkelLaw WEBSITE: www.gurfinkel.com This must be completed at the same USCIS district office that initially denied the application. The N-400, Application for Naturalization is a complicated form, though, so denials aren't as uncommon as one might hope. In many cases, you will likely just be denied naturalization without being deported. Part 7 of the N-400, entitled Additional Factors of Eligibility has 15 questions which contain most of the grounds for finding a lack of GMC. This officer also asked for evidence which was a marriage certificate. However, a compatent attorney may be able to help you in an appeal. In addition, if a person obtained their green card through fraud, and their naturalization is denied on that ground, it could also trigger removal/deportation. On May 27, 2021, U.S. 1. See the relevant Volume 12 [12 USCIS-PM] part for the specific statutory period pertaining to each naturalization provision. If you cannot win, deportation is a reality. . 3. In some forum areas, you may have to register (sign up) before you can post. Generally, this is for five years before the applicant files for naturalization. This article will discuss what happens when your N-400, Application for Naturalization is denied. Fortunately, the law does envision situations where there may be extenuating circumstances. 7031 Koll Center Pkwy, Pleasanton, CA 94566 If you've been a permanent resident for the required number of years, you might now be considering applying for U.S. citizenship. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of . Like most things in life, there are two sides to any story, and USCIS recognizes that in some cases, it is fair to place an extra-marital affair within its proper context. You have a few options: First, you can appeal the denial of your naturalization by using Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings. Now a US citizen! A rejected or denied application can lead to huge delays in gaining the immigration benefit you're seeking, cost a lot of money, and in extreme cases, lead to deportation. POE: December 19, 2016 Las Vegas. If USCIS denied your N-400 because you did something in the past that not only makes you ineligible for citizenship, but makes you deportable from the countrycertain criminal convictions, unlawful voting, committing immigration fraud, etc.then appealing your denial or refiling your N-400 may not work and may not even be possible. The laws governing how and when someone is eligible to naturalize, and how and when someone is deportable have not changed. You have a few options: First, you can appeal the denial of your naturalization by using Form N-336, Request for a Hearing on a . This list is very broad, encompassing many types of crimes, and certain categories will overlap and justify deportation for one crime on several grounds. N-400 filed: September 30, 2019. It appears that it was made on discretionary grounds of the IO finding that you lacked good moral character. Re: N-400 denied. Citizenship and Immigration Services, or USCIS, updated policy guidance in the USCIS Policy Manual regarding Naturalization Eligibility and Voter Registration Through a State's Benefit Application Process. The reason for denial stated as i was not eligible for N400 since I moved to the current state less than 3 months and i applied for naturalization. 12-19-2011, 07:21 PM. master:2022-04-19_10-08-26. Deportation and Removal Issues; WELCOME! Form N-336 can be filed by mail or online, and the fee is $700. Our green cards were employment-based. However, depending on the facts of your case the attorney may be able to reopen your citizenship application in federal court without the need . Naturalization may be denied if the applicant fraudulently gained lawful . However, hope is not lost! However, hope is not lost! N-400 applicants whose cases are denied usually have two ways to go forward in fighting a denial: 1) File an N-336 request for a hearing about the denial within 30 days of the denial; or 2) Re-file the N-400, either now or at some point in the future. I must agree with my colleagues, that is a violation of US law. you could be deported for having, at any time after being admitted to the U.S., been convicted of violating (or conspiring to or . . They are not only denying applicants' citizenship but also are going to go after their green card. In other words, USCIS denied the naturalization case and referred the individual to the immigration court for deportation proceedings. Murthy Law Firm 10451 Mill Run Circle, Suite 100 Owings Mills, MD 21117 USA 410.356 . It must be filed within 30 days of the N-400 denial, whether you received it in person or by mail. as USCIS routinely orders deportation for visa fraud many years previous. If your N-400 was denied and you feel that USCIS was wrong to deny you citizenship, you may request a hearing with a USCIS officer. I had very difficult relations with employer during my H1-B and green card processing time. Section 318 of the Immigration and Nationality Act (INA) requires a naturalization applicant to show that he or she has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of the INA in effect at the time of admission or . There is no "statute of limitations" for visa fraud.--Ray B. See Part D, General Naturalization Requirements, Chapter 1, Purpose and Background, Section B, General Eligibility Requirements [12 USCIS-PM D.1(B)].See INA 316(a).See 8 CFR 316.2(a)(7). The USCIS implies that you must defend yourself in deportation/removal court before your N400 will be reopened. However, if USCIS officers find any fraud or other grounds making you ineligible to obtain permanent residence, you may face deportation proceedings. If you're wondering why most applications are rejected, here is a comprehensive list of the top 10 reasons why form N-400 can be denied. If your N-400 is denied, you should consult with an experienced Immigration Attorney to see if they can help you Appeal your case. Can refile your N-400 under the "5 year rule" within exactly 4 years and 9 months from the validity date found on your GC. Had their naturalization application (N-400) denied based on a lack of good moral character. Go To Topic Listing Deportation/Removal. . . Males between ages 18 and 26 are required to register for Selective Service. 3 years Later when I went to my interview for the N400, i was denied for the above reason ( no good moral character). Contact Us; All Activity; Powered by Invision Community. About Denied N400 . Then you need to submit the N-336 form (Request for a Hearing on a Decision in Naturalization Proceedings). The USCIS implies that you must defend yourself in deportation/removal court before your N400 will be reopened. If an N-400 application was denied, . Either bigamy or polygamy can result not only in the denial of a citizenship application but also in deportation proceedings. . Bigamy and polygamy are different forms of being married to multiple people at the same time. If you're wondering why most applications are rejected, here is a comprehensive list of the top 10 reasons why form N-400 can be denied. Your denial letter will explain how to request a hearing and will include the form you need. Crimes Used as Grounds for Deportation. Naturalization (N-400) Delay or Denial. Depending on what was stated in the I-751 and at the interview, the charges can vary from sham marriage to . Red Flags to Be Aware of Before Submitting an N-400, Application for Naturalization . A foreign national will need to disclose on Form N-400 whether they have ever been married to more than one person at the same .