N-600 Appeal RightsAppeal Rights pertaining to U.S. Nationality/Citizenship Claims through form N-600.Following the denial...
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N 600 Appeal Rights Revised 9-4-2011

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N 600 Appeal Rights Revised 9-4-2011

  1. 1. N-600 Appeal RightsAppeal Rights pertaining to U.S. Nationality/Citizenship Claims through form N-600.Following the denial of a form N-600, Application for Certificate of Citizenship you have theright to appeal the decision. USCIS might not explain them fully to you.If you disagree with the N-600 Denial decision you may file an appeal on Form I-290B, with fee,and with any additional evidence to be considered and/or a brief identifying specifically anyerroneous conclusion of law or statement of fact along with legal references and/or specifyingthe evidence that you believe was misinterpreted with an explanation of the facts and evidence asyou interpret them.An appeal to the AAO must be filed with the office that made the decision within 30 days of thedate of the Denial Notice for personal service, 33 days if received by mail.If an appeal is not filed within the time allowed, a new N-600 may not be filed see 8 § CFR341.5(d). Instead, if at a later date you wish to pursue this citizenship claim anew, you may file,pursuant to 8 CFR § 341.5(e), a form I-290B, with the current fee as of the date of that filing, for:1.) a late Motion to Reopen with additional evidence and/or,2.) a late Motion to Reconsider along with a brief identifying specifically any erroneousconclusion of law or statement of fact, along with legal references, and/or identifying theevidence that you believe was misinterpreted with an explanation of the facts as you interpretthem.You must exhaust the administrative appeal process afforded under the law by first appealing tothe AAO (USCIS Administrative Appeals Office) [see 5 USC § 704] before you may seekjudicial review of the agency decision in the case, which would be to file a Petition forDeclaratory Judgment of U.S. Nationality (includes Citizenship Claims) in a U.S. District Courtunder INA § 360(a) [8 U.S.C. § 1503(a)] and pursuant to 28 U.S.C. § 2201.The existence of concurrent Removal Proceedings would preclude U.S. District Court judicialreview under this section and restrict review to a Petition for Review in a U.S. Circuit Court ofAppeals of any Removal Order following a BIA Dismissal of a Removal Order under 8 USC §1252(b) [INA § 242(b)].Ortega v. Holder, et. al, 592 F.3d 738; 2010 U.S. App (7th Cir. 2010)1 provides:“.... Congresss solicitude in providing all others with a means of obtaining a certificate of citizenship eitherthrough the general application process or through the removal process evinces Congresss concern thatindividuals be able to settle, definitively, the issue of citizenship.”..... “As we have discussed in some detail, 8C.F.R. § 341.6 requires that any subsequent application for citizenship [should] be filed as a motion to reconsider orto reopen. ...” [§ 341.6 has been repealed, this issue is now covered by § 341.5(e) per 76 FR 53764, 53805 (8/29/11),effective Nov. 28, 2011.] The regulation is still clunky. However, the court stated it in a workable manner.1 Found at: http://caselaw.findlaw.com/us-7th-circuit/1497479.html orhttp://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=gdjb&searchTerm=hYKL.gLja.ZCaW.LabT&searchFlag=y&l1loc=FCLOW

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