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Naturalization Litigation in Denver

Naturalization Litigation in Denver

The citizenship process is supposed to be the capstone of your American experience. For an immigrant, there is often no moment more meaningful than when they take the oath of citizenship and are naturalized. For many, this is the end result once they submit their application and meet the requirements. However, for some applicants, they may face a more difficult time.

You can breathe a little easier in knowing that citizenship litigation is still relatively rare. A large majority of citizenship applications are granted. The number of denials is rising along with citizenship litigation filings, and anyone in this position should contact a law firm that handles naturalization litigation in Denver right away. 

Why USCIS May Deny a Citizenship Application

In most cases, there are few holdups in the naturalization process. For most applicants, the worst thing that happens along the way is that they may make a mistake on their paperwork that could spark some questions.  Some applicants will face more inquiry for various reasons, including:

  • Failure to maintain a physical presence in the U.S. during the green card period
  • Owing back taxes to the IRS or child support
  • Discrepancies in an application that indicate fraud
  • Lack of good moral character

Moral character gives USCIS a very broad opening to challenge a citizenship application. This could even include something like illegal gambling or habitual drunkenness. USCIS will search your history and interview you before they approve your application. They may have questions about criminal convictions or other public records that they find. In the end, it could result in a denial of a citizenship application.

USCIS Does Not Have the Final Say in Your Case

If your citizenship application has been denied, you have legal options. First, if you have not already hired an attorney, this would be the time to retain an attorney. 

You can request a reevaluation of your application by a different USCIS officer. This is a good way to present additional evidence and answer questions without having to go to more intensive litigation. Oftentimes, this is a cost-effective way of reversing the initial denial.

If the rehearing results in a denial, you will then have to go to court. Here, the federal district court would be the forum to file an appeal of the decision. The judge would consider your citizenship application on their own and would not be bound by any findings from USCIS. You also have a right to have a hearing in front of the judge.

Denial is not the only reason why you may need to file for citizenship litigation. You may need the courts to overcome long delays in the process. USCIS may delay a decision on your application or even may drag their feet on scheduling an interview. An attorney could help you use the court system to keep the process moving in the face of delays. 

Denver Naturalization Litigation Attorneys Could Help You

The best thing is to have an attorney at the start of the citizenship application process. Regardless, you should not be alone if citizenship litigation is necessary. Contact the experienced Denver naturalization litigation attorneys at Joseph & Hall P.C. to schedule your initial consultation. 

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