Hello,My dad applied for citizenship he passed the english and civic exams and they sent RFE to prove US ties and we submitted 5year tax returns,creditcard stetments,car insurance while he had, and got deniel letter today bcoz he stayed in India more than 6 month but less than 11month during covid bcoz he was stuck because no flighta were coming due to lock down and we also submitted a copy of ticket which he planned to come withinh 6 months but he could not come due to Gov lockdown and USCIS didnot consider that as excuse and deny the application, if u can answer 2 of the question it would be great help (1) should I file appel form as it says on deniel letter and would it possible that they will accept gov lockdown as excuse of overstayed 271days with proof of having 2 air tickets booked to prove that he had intension of coming back on time we also have email we sent to US embassy to help to go back to US in special flights operated by US gov (2) if we dont appeal and wait another 2 year and reply N-400, would they consider his passed english and civic exams or he would have to retake eveything again He is 65 year old and his wife is citizen since 2017 Thank you
Generally, a timely N-336 petition may be filed if the applicant believes that they can overcome the grounds for the N-400 denial. Ultimately, it will be up to USCIS to consider the evidence and arguments or not. If the N-336 is not filed and an applicant decides to file for the naturalization process later (assuming the applicant meets all of the requirements), then it would be a 'new filing' and everything would need to be redone (including but not limited to the reading/writing/civics exam). If your father is handling his immigration matter 'pro se' - it is recommended that the instructions provided by USCIS be reviewed carefully. Otherwise, it is recommended that you/your father set up a consultation to discuss this matter further.
I have a question for you. I was denied n-400 due to my mistake by checking on the wrong box on the n-400 about my permanent resident. I have 30 days to appeal. but if i hired a lawyer, more likely i have to pay a lot of money. Can I represent myself and appeal on my own? Can I just let 30 days to appeal expire and refile form n-400 and make correction that way? Thanks, in advance.
Generally, the N-336 may be filed by the applicant without the assistance of an attorney but it has to be done before 30 days. Should the applicant decide to refile the N-400, it may be done without waiting for the appeal period to expire. Without knowing about the denial and facts of the matter, an attorney would not be able to provide you with guidance on what the best option would be.
@@pminhaslaw wow thank you so much for the quick response. How I know is because the attorney who about to represent me told me that I click on the wrong box on the n-400-part 1 question 1. I click on B instead I supposed to click on A. That's the only reason my n-00 was denied. I been here i the U.S for 39 years, not need to be file under section 319. Thanks kindly for your respond.
@@MsChyna00 If you already have an attorney, please work with them. If you are seeking a second opinion or haven't retained an attorney for your matter, it would be best to consult with other attorneys. Good luck.
@pminhaslaw if I appeal for the N-336, will I be asked to do the civic or history or writing test all over or be only focused on the mistake that I made. Thanks in advance.
Hello,My dad applied for citizenship he passed the english and civic exams and they sent RFE to prove US ties and we submitted 5year tax returns,creditcard stetments,car insurance while he had, and got deniel letter today bcoz he stayed in India more than 6 month but less than 11month during covid bcoz he was stuck because no flighta were coming due to lock down and we also submitted a copy of ticket which he planned to come withinh 6 months but he could not come due to Gov lockdown and USCIS didnot consider that as excuse and deny the application, if u can answer 2 of the question it would be great help
(1) should I file appel form as it says on deniel letter and would it possible that they will accept gov lockdown as excuse of overstayed 271days with proof of having 2 air tickets booked to prove that he had intension of coming back on time we also have email we sent to US embassy to help to go back to US in special flights operated by US gov
(2) if we dont appeal and wait another 2 year and reply N-400, would they consider his passed english and civic exams or he would have to retake eveything again
He is 65 year old and his wife is citizen since 2017
Thank you
Generally, a timely N-336 petition may be filed if the applicant believes that they can overcome the grounds for the N-400 denial. Ultimately, it will be up to USCIS to consider the evidence and arguments or not. If the N-336 is not filed and an applicant decides to file for the naturalization process later (assuming the applicant meets all of the requirements), then it would be a 'new filing' and everything would need to be redone (including but not limited to the reading/writing/civics exam). If your father is handling his immigration matter 'pro se' - it is recommended that the instructions provided by USCIS be reviewed carefully. Otherwise, it is recommended that you/your father set up a consultation to discuss this matter further.
I have a question for you. I was denied n-400 due to my mistake by checking on the wrong box on the n-400 about my permanent resident. I have 30 days to appeal. but if i hired a lawyer, more likely i have to pay a lot of money. Can I represent myself and appeal on my own? Can I just let 30 days to appeal expire and refile form n-400 and make correction that way? Thanks, in advance.
Generally, the N-336 may be filed by the applicant without the assistance of an attorney but it has to be done before 30 days. Should the applicant decide to refile the N-400, it may be done without waiting for the appeal period to expire. Without knowing about the denial and facts of the matter, an attorney would not be able to provide you with guidance on what the best option would be.
@@pminhaslaw wow thank you so much for the quick response. How I know is because the attorney who about to represent me told me that I click on the wrong box on the n-400-part 1 question 1. I click on B instead I supposed to click on A. That's the only reason my n-00 was denied. I been here i the U.S for 39 years, not need to be file under section 319. Thanks kindly for your respond.
@@MsChyna00 If you already have an attorney, please work with them. If you are seeking a second opinion or haven't retained an attorney for your matter, it would be best to consult with other attorneys. Good luck.
@pminhaslaw if I appeal for the N-336, will I be asked to do the civic or history or writing test all over or be only focused on the mistake that I made. Thanks in advance.