By Suzanne E. Vazquez | US Immigration Attorney
Posted: October 15, 2013
If your N-400 is denied, you should consult with an experienced Immigration Attorney to see if they can help you Appeal your case. There is a limited opportunity after your denial to appeal your denied N-400. Typically, you only get 30 days and it takes time to prepare a quality appeal. A denial of your naturalization case does not mean you can’t win your Naturalization appeal. An Immigration officer may have incorrectly interpreted the facts and/ or the law in your case. A Naturalization appeal is filed on Form N-336 which indicates that you request for a hearing on the decision of your naturalization proceedings. This hearing will be at the Immigration office and you will have to appear again in person in front of an Immigration officer. Your immigration lawyer will need to be prepared to argue your appeal.
Board Certified Immigration Attorneys Suzanne E. Vazquez and Maud Poudat have successfully challenged many naturalization denials because of an incorrect interpretation of the law. We have also successfully challenged denials where the Immigration officer did not accurately portray the facts of a case. Contact us immediately at 407-674-6968 for help if you think the facts and/or the law were incorrectly applied in your case.
Sometimes you can just re-apply on Form N-400, but in some instances you absolutely should appeal! If the officer wrongly concluded your testimony was false, and you do not challenge that finding, then it will be as if you agree. You will also have to wait for a new statutory period to pass before you can re-file.
If you have already been through removal proceedings and got relief from removal, you may be able to reopen your previously filed N-400 without having to pay the filing fee again. Contact us to discuss what you need to do to become a citizen after you have won your removal/ deportation case!
In the end, the message is: Don’t give up without a fight!