If you don’t already know, the N-400 is the application for naturalization. There are only two ways to become a citizen of the United States: by law or by birth. Naturalization is the legal process to become a citizen which is strictly governed by the Immigration and Nationality Act (INA).
For those of you who have been through the naturalization process, you can appreciate how costly and time consuming the application can be. The worst thing that can happen is your application gets denied. But for most people, a more confusing phenomenon takes place: their N-400 gets administratively closed without receiving notices or updates. Usually this happens when the applicants either miss the interview or finger printing portion of the naturalization process due to lack of notice or update by the USCIS. USCIS will then deny the application due to abandonment. If you are grouped in the latter category, you may have a choice of two roads of recourse. You can either reapply for naturalization or attempt to reopen your current case.
There are pluses and minuses to both of the options mentioned above. In most cases, the process is quicker if you resubmit your application for naturalization; however, you will have to pay the filing fee again which is a hefty $680 ($595 for the application plus $85 for the biometrics). The other option is to file a motion to reopen your N-400 application to USCIS. The exact form to request a hearing is the “Request for Hearing on a Decision in Naturalization Proceedings” (Form N-336). The appealing aspect of reopening the N-400 application is that if your application is denied then you will not have to pay the filing fee for the N-336. The down side of reopening the N-400 application is, most of the times, the reopening process takes longer than the process to resubmit a new N-400 application.
I always leave it up to the client’ discretion as to which route to take after I have explained to them the two methods of reviving the naturalization process after its initial denial.
