If the Customs and Border Patrol officer allowed the foreign national to reenter the U. Last reviewed October Immigration Contents. Tests for Citizenship. Risks of Applying for Citizenship. Cost of Applying for Citizenship. Residency Requirement When Applying for Citizenship. Fingerprinting Requirement When Applying for Citizenship. Expediting Review of Citizenship Application. Applying for Citizenship as a Former Asylee or Refugee. Naturalization Interview When Seeking Citizenship. Request for Hearing After Denial of Citizenship.
Moving After Applying for Citizenship. Naturalization Ceremony After Citizenship Approval. Name Corrections and Changes in the Citizenship Process. Domestic Violence Victims Applying for Citizenship. Criminal Bars to Citizenship. Public Benefits and Applying for Citizenship. Party Membership and Citizenship. Extramarital Affairs, Divorce, and Citizenship. Bigamy, Polygamy, and Citizenship. During the appeal hearing, you can bring forward any new evidence that could convince the judge to overturn the denial.
This can include any briefs, written statements, or additional evidence depending on what the reason for denial was. The immigration officer who will hear the appeal has a lot of discretion in how to re-determine your application and the new evidence, so it is important to develop a good argument for your naturalization.
One example when it makes sense to re-file instead of appeal is if the denial was due to lack of good moral character because of an arrest for a minor crime that as of the time of the appeal happened more than five years ago. For instance, if at the time of initial application, the crime had been committed within five years, but now the five years have elapsed, this might make sense to just re-file.
The good moral character test looks at the last five years, so waiting during that time period can make a difference in your case. Alternatively, you can see if you are eligible for post-conviction relief that can help you meet the moral character requirement, and then reapply.
Another example is if the denial was due to not meeting the physical presence or continuous residence requirements. Those requirements ask that you be within the United States for at least thirty months of the last five years from the point at which you applied. Part of this is that you must have been residing in the U. If you got your green card through marriage, those numbers are a little different; you must have been in the U. In this case, if waiting and re-applying would allow you to meet this requirement, re-filing might make sense.
A Motion to Reopen should be filed if you are beyond the deadline to appeal your case and if there is new evidence that you did not have available to you during the initial application. Ordinarily denial of citizenship leaves the person with permanent residence, but there's a risk of green card cancellation. Citizenship Won't Lead to Deportation It's possible to be denied citizenship and go right back to being a permanent resident.
This is most likely to happen if the applicant committed fraud in obtaining the green card. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
Related Products More. Becoming a U. How to Get a Green Card.
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