Opt to apply for hearing in the process of becoming a citizen in US.

us citizenship application denial

 

After filing and review for some reasons the naturalization application may get denied by USCIS during the process of becoming a citizen in US. If the naturalization application of the applicant is denied, the applicant or his/her representative can request before an officer for a USCIS hearing. Within 30 days of receipt of the denial the applicant or the authorized representative should file with USCIS the hearing request. The naturalization process is a complex one and so utmost care should be taken while applying for hearing.

Important to request timely review

  1. Schedule hearing within 180 days

Within 180 days USCIS will schedule a hearing after receiving a request from applicant in a timely manner. This adds to the time of how long to become citizen in US. Other than the original officer who conducted the initial examination or who denied the application, a different officer should conduct the hearing. Officer should be one who is classified at a grade equal or above the officer who conducted initial examination.

  1. Application review by different officer

Type of review method could be new trial or a less formal procedure of applicant’s naturalization application and this is decided based on the following:

  • Depending on how complex the issues are which require to be determined or need a new trial  review (de novo review) and
  • According to naturalization requirement the need for more examination if necessary is to be conducted.

If officer conducts a new and full review of the naturalization application its referred to as de novo review, new trial. Following authority and right the officer who is conducting the review will have:

  • All aspects of the naturalization application is reviewed and a new examination of applicant
  • As part of the examination review any record, file or report created
  • relevant to the applicant’s eligibility receive new evidence and testimony and
  • Denial of the previous officer has to be affirmed or as a whole or in part the decision is re-determined.

Hearing conducted by the officer is to decide either one of the following:

  • Findings in the denial is affirmed and the original decision to deny is maintained;
  • Based on the newly found reasons of ineligibility the original decision is re-determined and application is denied. or
  • The naturalization application is approved after the original decision is re-determined and from denial the original decision is reversed.
  1. Hearing for English and Civics Testing

On the basis of not able to meet the educational requirements which include English and civics tests if there are hearings on naturalization application denials, the tests the applicant previously failed has to be administered by the officer. At the hearing only one opportunity is given to pass the tests of the portion the applicant has failed. If applicant fails the tests again the whole process should be repeated. These tests are to check the English in order to ascertain if the applicant is able to speak and interact with ease and the civics test is to test the knowledge about US history and also to check the applicant’s interest and commitment towards US.

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