What should I know about a USCIS hearing?

In the event that you apply for naturalization but are denied, you or your attorney may request a hearing with the USCIS. It is important to be aware that if you wish to request a USCIS hearing to reassess your application, you must do so within 30 days from the date in which you were notified that your application was denied. If you mail your hearing request, you will have 33 days because mailing time is considered.

Once you request a hearing, the USCIS must actually go forth and schedule your hearing within 180 days from the request. The person that will conduct the hearing is an officer from the USCIS.  This officer must not be the same officer who was involved in your application denial. The officer at your hearing must also be of equal or superior rank than the initial officer.

At the hearing, the officer will review your application in its entirety and assess any new information that may be important. A de novo review is considered a full review but if the officer deems that a less formal review is okay, they may do that as well.

If your application was denied because you failed either the English or Civics test, you may be able to retake the exam at your hearing. Be prepared if this is the case.

If you have questions about requesting a USCIS hearing, please contact our office today.

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.