QUESTION
Can I reapply if my petition of naturalization was denied?
Asked on Sep 23rd, 2011 on Immigration - Florida
More details to this question:
I applied fro my naturalization last year (Feb 2010). In 07/2010, ICE came to my house and asked a bunch of questions to my husband. He suffers with bipolar disorder and he couldn't answer very well due to his lack of memory. On February 2011, we got a letter telling us that my application was denied based on those answers. I got letters from doctors and we wrote letters to USCIS explaining the reasons why we didn't answer correctly. Can we reapply based of my 5 years of residency instead of marriage? Will the previous decision affect me in somehow?
8 ANSWERS
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You are allowed to reapply but even if you wait the five years, DHS is going to have.
Answered on Jun 21st, 2013 at 1:19 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Yes, you can generally re-apply, even now.
Answered on Jun 03rd, 2013 at 2:00 AM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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You should be able to re-apply after 5 years. I am curious to know what kind of questions they asked and what was the reason. Come and see me for a free consultation.
Answered on Sep 26th, 2011 at 9:33 AM
Yes, the decision can affect you. The USCIS may send you what is called a notice of intent to rescind your status, where you got your greencard thorough your husband. It is unclear whether the USCIS thinks that you married just to get a greencard. These notices can be sent to the last address that you registered with USCIS through the AR-11 process. The address that you used for your N-400 may be overlooked for an address used in the past. I strongly recommend an appointment or teleconference with an experienced immigration attorney. The above is general information and does not create an attorney client relationship.
Answered on Sep 26th, 2011 at 5:45 AM
Whether you can reapply depends on thegrounds whyyou were deniedbefore. You should consult with an experienced immigration attorney who looks at the relevant facts before you file another application.
Answered on Sep 26th, 2011 at 5:44 AM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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You need to bring all relevant documents for my review and make yourself available for further inquiries before a conclusive answer to your question can be made.
Answered on Sep 26th, 2011 at 5:28 AM
In general, someone whose naturalization petition was denied may re-file. In order to assess the likelihood of success with a new petition, it would be important to review the February, 2011 denial decision and other information about the reason the petition had been denied. Were there allegations of fraud? What, exactly, do the immigration authorities indicate your husband said? As should be evident from the unsuccessful case you previously pursued, it would be wise to engage an immigration attorney to represent you in this very important, and often complex, legal step.
Answered on Sep 23rd, 2011 at 11:56 PM
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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Normally when you apply at 3 years from obtaining your residency your marriage must be in good standing in order to receive your citizenship. If you apply at 5 years then your marriage does not come into play. If the USCIS determines you committed Fraud at the last application process you could have issues getting your Nat'l approved.
Answered on Sep 23rd, 2011 at 11:42 PM