Q: Can N-400 application be repened?
Hello. USCIS issued a decision denying N-400 stating citizenship may have been obtained through father under INA 320 and 8 CFR 320.2. This denial and reasons were explained in detail by USCIS agent at my scheduled interview and a letter was provided. I voiced my understanding and reasons of why I in fact didn't qualify under INA 320.2, reason of why I had submitted and paid my N-600 fees. The agent insisted and provided a letter with decision and reason, instructing me to proceed to apply for a US passport. After paying the passport fees and submitting necessary documentation, the Department of State denied my application stating INA 320 didn't apply to me, as I had mentioned to the USCIS agent. USCIS is now instructing me to submit and pay fees for N-600 when I clearly have no claim for citizenship based on a parent. Is there any option to reopen my N-400 application based on the fact that I was provided erroneous information from USCIS?
A:
In cases where an N-400 application (Application for Naturalization) is denied based on what appears to be erroneous information or a misunderstanding of the law, you do have options. One approach is to file a Motion to Reopen or Reconsider the N-400 decision with USCIS. This motion should clearly outline the reasons why the original decision was incorrect, referencing any relevant legal statutes or regulations. In your situation, it would be important to detail the conflicting information provided by USCIS and the Department of State.
Keep in mind that there are strict deadlines for filing such motions, typically within 30 days of the decision. Given the complexity of your case and the potential for conflicting interpretations of immigration laws, seeking advice from an attorney experienced in immigration law would be advisable. They can provide guidance specific to your situation and help navigate the process. Remember, each case is unique and the outcome will depend on the specifics of your circumstances and the evidence presented.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
