Reviewal of Denied or Delayed Citizenship Application

The Law Firm of Shihab & Associates Can Help

If your citizenship or naturalization application has been denied by the US Citizenship & Immigration Service, and if you believe the denial is not warranted, you have several options to overcome such denial. The Law Firm of Shihab & Associates can help, as we have successfully represented clients in naturalization appeals.

We recommend that you first explore an administrative review prior to resorting to litigation because such reviews are more cost-effective than court review and could yield faster results. If the administrative review does not overturn the prior denial, we would then suggest that you consider judicial (court) review. Furthermore, if your naturalization application has been unnecessarily delayed or has taken an unreasonable amount of time to process, we would certainly recommend that you discuss judicial review to get your case reviewed in a more reasonable time frame.

Give us a call at (888) 915-5057 to discuss your case during a consultation with our Columbus immigration attorneys.

Administrative Review – Request for Hearing on a Decision in Naturalization Proceedings

If your naturalization is unlawfully denied, or you believe that the USCIS officer did not consider all of the relevant factors in reviewing your citizenship application, you could seek another hearing before an immigration officer. Our team can prepare you for the second hearing.

One of the advantages of requesting another hearing is that you are given another chance to submit evidence in support of your case. For instance, if your case was denied because you did not submit the certain type of evidence, you could submit this evidence during the rehearing. In addition, your attorney will have an opportunity to submit a legal brief summarizing the laws and regulations to the facts of your case thereby explaining to the USCIS why your case merits approval. You must be aware, however, that you will be subject to another English language and civic examination during the rehearing process.

The request for rehearing must be filed with the USCIS within 30 days of the denial of the citizenship application. Once the USCIS received the request for rehearing, they will send an appointment letter to the attorney of record and to the applicant advising with the new appointment date. By regulations, the new appointment must be scheduled within 180 days from the filing of the request for rehearing.

This step is highly recommended as the applicant will get a shot at having the prior denial overturned. It is a cost-effective approach to challenge a denial of the citizenship application.

Court Review of Denied Citizenship or Naturalization Application

We have previously recommended seeking an administrative review of the denied citizenship application. If your citizenship application remains denied after a Request for Hearing, you may ask a federal judge to make a decision on your application for citizenship. The request for hearing before the judge is made in the form of a complaint for review filed in the US District Court having jurisdiction over your place of residence. The federal court judge will conduct a de novo review of your application. This means that the judge will not be bound by any of the findings and conclusions previously entered by the USCIS; instead, the federal judge will render his own decision independently. The federal judge will allow you the opportunity for a hearing if you so desire.

You should be aware that a Request for Hearing must be filed within 120 days from the date of the last administrative action. It is worthy to note that some jurisdictions have extended this deadline to six years.

Contact us if your citizenship application has been denied and you wish to have your case reviewed in federal court. The founder of the law firm is a member of an exclusive society class of litigation lawyers who have achieved more than two million dollars in a single settlement or verdict in a single lawsuit.