What happens if your citizenship application is rejected?

Ordinarily denial of citizenship leaves the person with permanent residence, but there’s a risk of green card cancellation. If you’ve been a permanent resident for the required number of years, you might now be considering applying for U.S. citizenship.

What happens if your permanent resident application is denied?

Adjustment of status is granted at the discretion of USCIS. If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney. The attorney can help you decide what to do next.

How do you prove continuous residence?

Proving Continuous Residence One important document will be your Permanent Resident Card. But you’ll also want to use other documents to boost your case. These may include tax returns, property tax records, proof of employment, receipts from rent payments, and university transcripts, and credit card statements.

How long after citizenship denial can you reapply?

five years
If your application is denied because of serious offenses, you might not be eligible to apply again. However, if your application is denied for petty reasons such as failing the naturalization test, you may appeal the decision or reapply again after five years.

Does USCIS check employment history for n400?

Actually speaking they do not verify your employment history. If they suspect that something g they will issue an RFE ask the petitioner to provide evidence.

How do I appeal citizenship denial?

If USCIS denies the naturalization application, persons can seek a USCIS hearing to appeal the denial by submitting form N- 336 (informally known as an administrative appeal). Although the process is simple, many do not take advantage of this process.

Can I sue USCIS for denial?

In short, yes. One can exercise their rights and legally sue USCIS. By filing a Federal lawsuit, you are forcing USCIS to justify their decision, which it is highly unlikely they will be able to do. In most cases where a Federal lawsuit has been filed, USCIS has chosen to avoid litigation and has issued an approval.

Why would the USCIS deny my application?

Simple errors are a common reason that green card applications get denied. It’s important to carefully review all of your application materials before sending them to USCIS. The most common errors include: Failure to provide translations.

What is considered continuous residence?

The concept of continuous residence involves the applicant maintaining a permanent dwelling place in the United States over the period of time required by the statute.

What is continuous presence?

Continuous residence means that you have actually lived in the United States for a specific time. To apply for naturalized citizenship, you must have five years of continuous residence in the United States. Travel outside of the United States could interrupt your continuous presence.

Can I reapply for N-400?

Can I reapply for naturalization if USCIS denies my application? In many cases, you may reapply. If you reapply, you will need to complete and resubmit a new Form N-400 and pay the fee again. You will also need to have your biometrics taken again.

Can I appeal my citizenship denial?

What should I do if my N-400 Application is denied?

You may be wondering what you should do. 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.

When do you have to show residency for Form N-400?

In addition, applicants are required to show they have resided for at least three months immediately preceding the filing of Form N-400in the USCIS district or state where the applicant claims to have residency (See 8 CFR §316.2(a)(5)& §319.1(a)(5)).

What happens if you fail the N-400 test a second time?

However, USCIS will deny your N-400 form if you fail the test (s) a second time. Most people pass the tests. If your English isn’t strong, take advantage of the flash cards and study tools on How to Prepare for the Citizenship Test & Interview. It is also helpful to thoroughly review your own Application for Naturalization (N-400).

How many permanent residents have been denied naturalization?

Over 2.2 million permanent residents have naturalized as U.S. citizens in the past three years. However, during the same period, over 261,000 permanent residents had their Form N-400, Application for Naturalization, denied.