We recently won a citizenship appeal. Our client retained us after getting his application for U.S. Citizenship denied for the third time.
Notably, each denial was for a different reason.
In the first denial, USCIS contended that client did not prove that he was still living with his wife (he was then applying under the 3-year rule). In the second denial, USCIS concluded that client lacked good moral character because he had taxes over due, although he had set up a payment plan with the IRS. In the third and last denial, USCIS claimed that client was admitted for lawful permanent residency by mistake, although USCIS was responsible for this alleged error.
We filed Form N-336, requesting a re-hearing on the naturalization application. We also filed a legal brief in support of our client's position. The N-336 is a mandatory step in the citizenship appeal process.
At the re-hearing, the Chief Citizenship Officer reviewed the client's file (including the 3 prior denials), and eventually overruled the decision of the adjudicator. Our client was finally granted U.S. Citizenship.