A Guide on Citizenship Appeals By An Immigration Lawyer in NJ

If your citizenship application was denied and you feel that USCIS may have made in error in rejecting your application, you can file a citizenship appeal to challenge the basis of your denial.  There are several levels of appeal and each stage has its own unique requirements, so for residents of New Jersey (NJ) who have been denied in their citizenship application it is critical to consult with a local immigration lawyer. 

The N-336 Administrative Review of a Denial of a Citizenship Application

If USCIS denied your citizenship application, you can request a new hearing before an immigration officer.  In order to get such a hearing, the form N-336 must be filed with USCIS within 30 days that the denial of the N-400 application was received.  The current filing fee for the N-336 is $650. 

If the application for administrative review is filed in a timely manner, then a new immigration officer will review the original decision.  Within 180 days of filing the N-336, a hearing will be scheduled where you will be present with the option of having a lawyer accompany you.  An important feature of the N-336 Administrative Review is that new evidence can be submitted supporting the citizenship application.  Furthermore, a legal brief can be submitted as well. 

Appealing Your Citizenship Denial to Federal District Court

If your N-336 is denied, you may then ask a federal district court to review your citizenship denial. To make an application for judicial review before a federal district court, you must file a petition in the federal district court within the district that you live in.  For example, if you live in NJ, either you or an immigration lawyer can file before the United States Court of Appeals for the Third Circuit.  While regulations require filing for a petition of review within 120 days after denial of the N-336 Administrative Review, each circuit may have its own specific statute of limitations for a petition for review.  It is advisable to consult attorney on such issues. 

Delays in Citizenship Applications

There are many cases where the USCIS waits two, three, or even four years without reaching a decision on an applicant’s citizenship petition.  In such cases, one can file for mandamus relief before the local federal district court having jurisdiction over the appeal.  It is important to note that in such cases, the petitioner is not asking for the district court to make a decision in the citizenship application, but he or she is asking the court to compel the USCIS to make a decision.  If you think that USCIS is delaying your application without cause and you live in NYC, you should consult an immigration lawyer about filing a petition for mandamus relief before the United States Court of Appeals for the Second Circuit.

 Sethi & Mazaheri, LLC is a full service immigration law firm with offices in New York and New Jersey. We are well known as deportation lawyers and Immigration Lawyer in NYC.