Successfully Overcoming Naturalization Application Denial
March 15th, 2012 by SRW Lawyers
Earlier this week, we received confirmation that our client, who had been twice denied for naturalization previously, had been scheduled for her Oath Ceremony to become a U.S. citizen. While our firm was not involved in either of the two naturalization filings, we were contacted after the second denial. The first naturalization application was properly denied by USCIS since the client had broken her continuous residence by being absent from the U.S. for more than one year in one trip. However, the second naturalization application was improperly denied when USCIS required 5 years of continuous residence, instead of the 4 years and 1 day period of continuous residence that the client was able to utilize under 8 C.F.R. 316.5(c)(1)(ii).
Our firm reached out to the USCIS office that adjudicated the second naturalization application with a detailed explanation and supporting documentation to demonstrate that the second denial was based on USCIS’s erroneous application of applicable law. We further argued that our client should not be forced to pay additional filing fees to appeal their erroneous decision based on misapplication of the law. Since our client has now been scheduled for her Oath Ceremony, we are pleased to report that we were successful in our efforts to obtain this favorable result for our client.
