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I missed my citizenship interview and my case got denied..

Houston, TX |

I filed citizenship application in as married to a USC and live together with the same spouse for 4 years. So I applied for a citizenship and my case go though to the interview process but I missed the interview. So my case was denied. How long can I reapply? If the deny would effect to my next applying ? What happen if I get divorce with my husband before I reapply?

Attorney Answers 4

Posted

You need to submit a new N-400 form and fees. If you get divorced, you must wait another year to do so.

Please click the link at the very bottom for additional information.

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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
https://shusterman.com/intake-secure.html
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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3 comments

Asker

Posted

Thank you very much for you kindness answer. If i don't get divorce, Can I reapply and submit form N-400 and fees when one year later as I been living in US for 5 years.. Does they going to ask about my first application ? If the deny will be the problem for the next time I apply? Thank you for any advise will very helpful and appreciated.

Asker

Posted

Thank you very much for you kindness answer. If i don't get divorce, Can I reapply and submit form N-400 and fees when one year later as I been living in US for 5 years.. Does they going to ask about my first application ? If the deny will be the problem for the next time I apply? Thank you for any advise will very helpful and appreciated.

Asker

Posted

Thank you very much for you kindness answer. If i don't get divorce, Can I reapply and submit form N-400 and fees when one year later as I been living in US for 5 years.. Does they going to ask about my first application ? If the deny will be the problem for the next time I apply? Thank you for any advise will very helpful and appreciated.

Posted

You must reapply with a brand new N-400 application and pay the fee again. Should you divorce, then you must wait for 4 years and 9 months from the validity of your GC before reapplying.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Asker

Posted

Thank you for the great answer. By the time my application got deny I already became a permanent resident for 4 years. So I have only 9 month to wait for applying again right? Should I hire a lawyer for it ? Thank you for your answer. I am very appreciated it.

Posted

My colleagues have provided you excellent answers. Good luck.

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Posted

I agree with my colleagues. You should reapply. If you divorce will your case is pending, it will be denied again and you would need to reapply once you met the requirements for early filing. I recommend you work with an attorney who can help you with any problems that may arise if you divorce in the middle of your case.

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