Can I reapply if my petition of naturalization was denied? 11 Answers as of October 05, 2011

The short answer is yes, you can reapply, but they will refer to your earlier application as well, and you will have to demonstrate why there was no sham marriage or attempt to fraud. If you got your earlier residency visa because of the marriage to your husband, there would still be answers on your N-400 that would pertain to your husband, and there may be a future marriage interview. I am very concerned as to why ICE would come to your home, rather than calling you in to USCIS for a regular naturalization interview. with you and your husband present, usually together. Something must have happened to make them suspect fraud in the marriage, though I cannot understand that, given that you already have residency.

Without seeing the basis of the denial, it is hard to give a good answer. Briefly, yes, you ma be able to reapply, but if you got a denial based on a good moral character finding, you have to demonstrate 5 years of good moral character in the period before you seek naturalization. If they made an adverse good moral character finding, that may be hard to overcome. If the finding was based on insufficient evidence of the marriage, you might be able to overcome that with strong evidence of your husband's medical condition, an explanation of the prior statements and excellent evidence of the marriage. If you would like assistance with this case or additional information, please contact our office to schedule an appointment with one of our attorneys, we look forward to assisting you.

Yes you can based on your 5 year LPR status as long as that status is still valid. Good luck!

You should be able to re-apply after 5 years. I am curious to know what kind of questions they asked and what was the reason. Come and see me for a free consultation.

Whether you can reapply depends on thegrounds whyyou were deniedbefore. You should consult with an experienced immigration attorney who looks at the relevant facts before you file another application.

Yes, the decision can affect you. The USCIS may send you what is called a notice of intent to rescind your status, where you got your greencard thorough your husband. It is unclear whether the USCIS thinks that you married just to get a greencard. These notices can be sent to the last address that you registered with USCIS through the AR-11 process. The address that you used for your N-400 may be overlooked for an address used in the past. I strongly recommend an appointment or teleconference with an experienced immigration attorney. The above is general information and does not create an attorney client relationship.

You need to bring all relevant documents for my review and make yourself available for further inquiries before a conclusive answer to your question can be made.

You can reapply for naturalization. There is no bar to the number of times you file an application. However, it is important to note that prior applications are kept in your file and may be used in consideration of this application. As you have already been denied before and ICE had actually come to your home, it may be best to consider retaining an experienced immigration attorney to represent you in this matter.

In general, someone whose naturalization petition was denied may re-file. In order to assess the likelihood of success with a new petition, it would be important to review the February, 2011 denial decision and other information about the reason the petition had been denied. Were there allegations of fraud? What, exactly, do the immigration authorities indicate your husband said? As should be evident from the unsuccessful case you previously pursued, it would be wise to engage an immigration attorney to represent you in this very important, and often complex, legal step.

Yes. The previous decision will affect any future application because there will be questions regarding the validity of your marriage and your application for permanent residence. You need to get a copy of your file from USCIS through the FOIA process and speak with an experienced immigration attorney about this issue BEFORE applying again.