An administrative appeal in the citizenship process is a legal mechanism that allows a person who has been denied citizenship by USCIS (U.S. Citizenship and Immigration Services) to challenge the decision and request that it be reconsidered. Administrative appeals are designed to ensure that USCIS decisions are made in accordance with the law and that applicants are given a fair chance to present their case.
An administrative appeal is typically filed on Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings. The applicant must file the form within 30 days of receiving the USCIS decision. The form requires the applicant to explain the reasons why they believe the decision was incorrect, and to provide any supporting evidence or documentation.
Once the form is filed, USCIS will schedule a hearing with an administrative law judge. At the hearing, the applicant will have the opportunity to present their case and provide evidence to support their claim. The USCIS officer who denied the original application may also be present and may present their own evidence and argument.
After the hearing, the administrative law judge will issue a decision. If the decision is in favor of the applicant, USCIS will proceed with the naturalization process. If the decision is against the applicant, they may still have the option to appeal to federal court.
It's important to note that administrative appeals can be complex and time-consuming, and applicants should consider hiring our law firm in order to challenge those refusas.