A Guide on Citizenship Appeals By An Immigration Lawyer in NJ

If your citizenship application was denied and you feel that USCIS may have made in error in rejecting your application, you can file a citizenship appeal to challenge the basis of your denial.  There are several levels of appeal and each stage has its own unique requirements, so for residents of New Jersey (NJ) who have been denied in their citizenship application it is critical to consult with a local immigration lawyer. 

The N-336 Administrative Review of a Denial of a Citizenship Application

If USCIS denied your citizenship application, you can request a new hearing before an immigration officer.  In order to get such a hearing, the form N-336 must be filed with USCIS within 30 days that the denial of the N-400 application was received.  The current filing fee for the N-336 is $650. 

If the application for administrative review is filed in a timely manner, then a new immigration officer will review the original decision.  Within 180 days of filing the N-336, a hearing will be scheduled where you will be present with the option of having a lawyer accompany you.  An important feature of the N-336 Administrative Review is that new evidence can be submitted supporting the citizenship application.  Furthermore, a legal brief can be submitted as well. 

Appealing Your Citizenship Denial to Federal District Court

If your N-336 is denied, you may then ask a federal district court to review your citizenship denial. To make an application for judicial review before a federal district court, you must file a petition in the federal district court within the district that you live in.  For example, if you live in NJ, either you or an immigration lawyer can file before the United States Court of Appeals for the Third Circuit.  While regulations require filing for a petition of review within 120 days after denial of the N-336 Administrative Review, each circuit may have its own specific statute of limitations for a petition for review.  It is advisable to consult attorney on such issues. 

Delays in Citizenship Applications

There are many cases where the USCIS waits two, three, or even four years without reaching a decision on an applicant’s citizenship petition.  In such cases, one can file for mandamus relief before the local federal district court having jurisdiction over the appeal.  It is important to note that in such cases, the petitioner is not asking for the district court to make a decision in the citizenship application, but he or she is asking the court to compel the USCIS to make a decision.  If you think that USCIS is delaying your application without cause and you live in NYC, you should consult an immigration lawyer about filing a petition for mandamus relief before the United States Court of Appeals for the Second Circuit.

 Sethi & Mazaheri, LLC is a full service immigration law firm with offices in New York and New Jersey. We are well known as deportation lawyers and Immigration Lawyer in NYC.

What are “F visas” and “M visas”?

“F visas” and “M visas” are for individuals who intend to travel to the U.S. to continue their education. 

In order to apply, applicants must meet the following criteria:

1.       Be enrolled in an “academic”, vocational, or language-training program on a full-time basis;

2.      Be fluent in English or take courses leading to proficiency in the language;

3.      Be financially able to support themselves throughout their stay; and

4.      Maintain their residence abroad

The school must also be approved by USCIS’s Student and Exchange Visitor Program.

Individuals in New York who meet the above-referenced criteria are encouraged to seek the assistance of an immigration lawyer NJ or NY prior to applying.

Who Can Apply For An “F Visa”? 

Individuals who have been admitted at an accredited school in the U.S. and will attend on a full-time basis may apply for an F-1 visa. In order to apply, the program must result in the issuance of a degree, certificate, or diploma and must be authorized to accept international students.

Who Can Apply For An “M Visa”? 

Individuals who have been admitted to a vocational program may apply for an M-1 visa.

What If I’m Currently In The U.S. on a Visitor Visa?

Individuals who are currently in the U.S. on a B-1/B-2 visitor visa, and would like to enroll as a full-time student, may be able to change their status as long as they meet the following criteria:

1. They have not already enrolled
2. Their visitor status has not expired
3. They have not been working during their visit

Individuals who do not meet the above-referenced criteria may apply for a student visa at a U.S. consular post abroad.

May I Work With A Student Visa?

F-1 students may only accept on-campus employment throughout their first academic year. After their first year, they may seek off-campus employment, namely through three training programs:

1.       CPT – Curricular Practical Training

2.      OPT – Optional Practical Training

3.       STEM – Science, Technology, Engineering, and Mathematics

M-1 students, however, may only participate in these programs after they have completed their vocational training.

Please note that in order to work, the student’s job must be related to their respective area of study. Also, the school official in charge of the exchange program must authorize the employment in order for the student to be able to work.  

Individuals in DC should contact an immigration lawyer in DC, Maryland or Virginia prior to applying for a student visa.