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Citizenship Interview and Test passed, but application will be review. If my application is denied, what can I do?

Frederick, MD |

I became permanet resident in September 2007 an applied for naturalization because I am married to a US citizen. Unfortunately in June 2011 my husband and I separated and there is a proctective order against him. We had a 5 months baby daughter and we still married. Today I had my interview and passed test and all papers were in order. We filed taxes together since 2006, we bought a house in 2008, I am still under his health insurance, joint bank account. The officer told me that I was approved and he even scheduled me for the oath ceremony. When I was in the waiting room for the ceremony he came and told me that there is a little problem that need to clarify, about a protective order. he asked to write an statement, my applcation will be on review and wait for ans answer on tghe mail.

Attorney Answers 3


  1. That would depend on the reasons for the denial.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  2. If you are denied, you can request a hearing on the decision by filing form N-336. You may have a problem to qualify based on the 3 year residency requirement because it appears that your marital union has been disrupted.

    This response does not contitue and attorney client relationship and attorney does not assume any liability for aforementioned response to inquiry until such relationship is formally established.


  3. The interview itself is always subject to furtehr review and until an approval is issued the interview comments are only conditional on final review.
    When you get the decision, you should contact an experiened immigrationa ttorney who can examine the facts of your case including the decision and provide you with a legal opinion. If its a Notice of Intent to Denial then it will have a time for you to provide further information; an experienced immigration attorney can examine the NOD and advise what should eb done. Good luck.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.