4/17/2023 0 Comments N400 processing timeThis form must be filed within 30 or 33 days of the N-400 decision, depending on whether you received it in person or by mail. The first option for all N-400 denials is to file an appeal, which is known as a Form N-336 Request for a Hearing on a Decision in Naturalization Proceedings. You will want to contact an attorney as soon as possible after you receive the denial letter as you have only 30 or 33 days to appeal the decision if you decide to do that. So, if you receive a denial, do not panic, do not give up hope, do not flee the country, contact an experienced immigration attorney to talk about your options. Most of the time when your N-400 is denied, its not because you have done anything that can get you deported, its because you may not exactly qualify under the rules for citizenship. So depending on why you were denied, you may be able to wait a few days, months or years and apply again.Īlso important to remember is that just because your N-400 application was denied does not mean that you will have your lawful permanent resident status (your green card) taken away. That’s right, even if you are denied, most of the time, you can reapply you do not get just one bite at the apple. The first thing to remember is that you do not only get one opportunity to apply for U.S. But an N-400 denial letter is often not the end of the road and there are many options available to people who receive an N-400 denial letter. Receiving a denial letter from USCIS telling you that you will not become a citizen may be heartbreaking to people who have held a life-long dream to become a U.S. These are all very common questions that lawful permanent residents ask themselves after they receive a denial letter after an N-400 citizenship interview. citizen? What will happen next? Will I be deported? Do I lose my status and my green card? Citizenship) has been denied by USCIS, what should I do now, what can I do now? What chances do I have to still become a U.S. *Note that only spouses are eligible for work permission, but children are also affected by the delay in change and extensions of their status.If my N-400 Application for Naturalization (U.S. This development is one of several that show the Administration’s commitment to the immigration process. We hope for more good news ahead. However, it is also apparent that the Biden Administration is taking the backlog seriously and initiating steps to address it, despite the challenge posed by prior management and the pandemic. The affidavit confirmed that the Application Support Centers that take biometrics are operating at only 65% of the pre-COVID levels. Change of status and extension applications for H-4 and L-2s stand at approximately 123,000 and employment authorization applications at approximately 57,500 as of May 3. In addition to suspending biometrics, USCIS has assigned 120 officers and is training another 33 to work these files on a first-in-first-out basis. Mayorkas, alleging an unreasonable delay in adjudicating extension of status and employment authorization for H-4 and L-2 applicants. Once again, the benefit of litigation in the immigration context is clear. The affidavit was filed as part of the lawsuit, Edakunni v. Pending applications that have not been scheduled for biometrics before May 17 will not be scheduled for biometrics except for case-specific reasons. To avoid biometrics, filings may be held until May 17 and a formal announcement from USCIS. However, biometrics scheduling has been slow so the chances of being scheduled are slim for applications filed now if other considerations make filing before May 17 necessary. be refunded if no biometrics are taken? Refunds are rare at USCIS, so we are not expecting them.Īlso, the affidavit made no mention of premium processing of these applications, which was authorized by Congress last year but has yet to be implemented. ![]()
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