Denied N-400

[marieMH 1]

Good Morning everyone,

I got an email yesterday says that my dad was denied N-400 for naturalization.

I wanted to know what does this mean? are they going to take his green card away?? or he has to wait 5 more years to refile??? or can he refile right away??

Please help

[rika60607 215]

Entirely depends on the reasons for denial.

[v333k 59]

rika is correct. The denial could be based on simply not meeting physical presence or continuous residence. If this is the case, then he doesn't need to wait 5 more years... he needs to wait until that requirement is met.

Unless the denial was based on some reason that he got his residency unlawfully - then he can lose it but usually he shouldn't lose it.

Wait until you receive the official letter to see the reasoning behind the denial.

[NickD 203]

There are stages to go through with the N-400, starting off with the act of sending in the application, biometrics, interview, and oath ceremony. What stage was he in for the denial?

In the application stage, insufficient evidence, form not properly filled out, eligibility requirements, even the wrong dollar amount on the check can be reasons for denial. Some applications were denied because the sender forgot to sign it. Would be helpful to know what stage he is in and hate those emails that are standard anyway. Best to camp out at your mailbox.

[Brother Hesekiel 2,236]

It can be anything.

Mild denial: he didn't meet the residency requirements, perhaps was out of the country that one day longer than was the absolute acceptable amount. Perhaps the I.O. felt that although he didn't exceed the maximum amount of days, he had abandoned his residency at some point and the clock stopped ticking for a while or even reset itself to zero. Or he just failed one of the tests. Another option is that he didn't meet the criteria for good moral character.

Solution: wait until he qualifies.

Heavy denial: he misrepresented himself at some point of the journey, , or claimed to be a US citizen at some point.

Solution: from waiting out the statute of limitations, to revocation of residency.

Before going gagga, I would just wait and see what the reasons for the denial were. What your dad should know already is if he had a criminal past, if he lied or misrepresented himself at some point, if he was absent from the U.S. a lot, and if he ever claimed to be a U.S. citizen, perhaps when applying for a job.