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The journey to U.S. citizenship begins with Form N-400, a crucial application that demands accuracy and thoroughness. However, not all applications are approved.

When an application is denied, it can feel like a setback, but it is not the end of the road. Applicants have the right to file an administrative appeal using Form N-336. This process allows for a review of the decision, providing a second chance to those whose initial applications were not accepted.

At Kasturi Law, LLC, our immigration lawyer in Naperville, IL can help in preparing and submitting Form N-336, ensuring that every detail is meticulously handled.

Reasons for Denial of a Naturalization Application

Understanding why a naturalization application might be denied is essential for any applicant. The reasons for denial can vary, often depending on individual circumstances and specific details of each case.

Common reasons include:

  • Residency Issues: One of the primary reasons for denial relates to residency requirements. Applicants must demonstrate continuous residence and physical presence in the United States for a specified period. Any breaks or inconsistencies in this residency can lead to the denial of the application. This includes failing to meet the requirement of being physically present in the U.S. for at least 30 months within the 5 years before applying, or not residing continuously in the U.S. from the date of application up to the time of naturalization.
  • Failure to Demonstrate Good Moral Character: Another significant reason for denial is the failure to demonstrate good moral character. The U.S. Citizenship and Immigration Services (USCIS) evaluates an applicant’s character based on their behavior and actions in the years leading up to the application. Issues such as criminal history, fraudulent activities, or lying during the naturalization process can all contribute to a perceived lack of good moral character, leading to the denial of the application.
  • Discrepancies in the Application: Accuracy and honesty in the application are paramount. Discrepancies, whether intentional or accidental, can raise red flags. This includes inconsistencies in personal information, employment history, or failure to disclose relevant information. Even minor errors or omissions can be viewed as misrepresentation and can result in the denial of the naturalization application.

Each of these reasons highlights the importance of thorough preparation and attention to detail when applying for naturalization. Applicants must ensure that they meet all requirements and provide accurate and complete information to increase their chances of approval. Understanding these potential pitfalls is crucial for anyone embarking on the naturalization process.

Administrative Appeal to Denied Naturalization Application

Form N-336 serves as a crucial instrument in the appeal process for those whose naturalization application (Form N-400) has been denied. By filing this form, applicants are allowed to formally contest the decision made on their initial application.

This step is of paramount importance and requires meticulous attention to detail. It is not just about submitting a form; it is about presenting a compelling case as to why the initial decision should be reconsidered. The thorough and accurate completion of Form N-336 is essential to enhance the likelihood of a successful appeal.

Filing Form N-336 After a Denial

Filing Form N-336 after receiving a denial is a process marked by time constraints and the need for exactitude. Applicants must be mindful of the strict deadlines associated with this appeal; missing these can forfeit the right to appeal.

Beyond just filling out the form, this process demands the collection and submission of supplementary evidence that supports the case for naturalization. This evidence might include additional documentation clarifying previously misunderstood information or new evidence that sheds light on the applicant’s eligibility.

Assistance From an Immigration Attorney in Aurora

Facing a denied naturalization application can be disheartening, but it is important to remember that there are avenues for appeal.

Whether you need guidance on filing Form N-336 or require a seasoned immigration lawyer in Aurora, Shobhana Kasturi is committed to providing comprehensive assistance throughout this process. Her experience in administrative appeals can make a significant difference in your journey to U.S. citizenship.

Contact us today for a consultation and let us help you navigate this crucial step toward achieving your American dream.

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