Naturalization Sample Cases

These are some sample cases from our files. It is impossible for us to present all have done past over 15 years of our practice. But these were some cases that came to mind when we started writing this column 2-3 years ago.
Type of Case: Form N-400 Denial
Category: Naturalization
Status: Form N-336 granted; N-400 approved

Our client received a decision denying his request for naturalization based on allegations that he failed to continuously maintain lawful immigration status since initial entry. Specifically, Service found that the applicant worked at unauthorized locations during his employment with a Petitioner whose owner/CEO pled guilty to visa fraud. We filed an “appeal,” Request for Hearing on Naturalization, arguing that employees of the aforementioned company had no knowledge of the visa fraud scheme and were without fault. In addition, we pointed out that USCIS regulations permit approval of the adjustment of status, if the applicant has been out of status, or worked without authorization, if the aggregate period of such violations does not exceed 180 days, and that equitable considerations dictate approval of the hearing request. The N336 request was granted after approximately one and a half months. Subsequently, we attended the hearing with our client and clarified the applicant’s eligibility. The client’s citizenship application was approved in about three months.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.
Category: Naturalization
Status: N-400 denial reversed. Naturalization approved.

We represented an applicant after his application for naturalization was denied.  He had obtained permanent resident status through marriage with a U.S. citizen. Applicant’s Form N-400, Application for Naturalization, was denied because of a failure to meet the good moral character requirement.  USCIS questioned the veracity of applicant’s marriage, and therefore the basis of his Green Card approval. Strangely enough, this issue was raised at the naturalization stage.  We procured various items of evidence attesting to the genuineness of applicant’s marriage, and established that although applicant’s job required frequent travel and relocation, his marriage was entered into in good faith.  We emphasized that USCIS must take into view the unique circumstances of the applicant’s life.  Applicant was granted a hearing before an officer, and received his N-400 approval within eight weeks.

DISCLAIMER: PAST APPROVAL OF A CASE IS NOT A GUARANTEE OR PREDICTION REGARDING THE OUTCOME OF FUTURE CASES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.