Legal Question in Immigration Law in New York

Selective Service

I don't ever recall receiving any information on enrolling inthe selection service and now I have been denied citizenship because of that and I appealed and did not get a hearing and was denied againg, what is the process from here?


Asked on 4/16/07, 11:22 pm

2 Answers from Attorneys

Ruchi Thaker Law Office of Ruchi Thaker

Re: Selective Service

You should file a petition for review from denial of naturalization in a federal district court. You have 120 days from the decision dismissing your appeal. In a federal court, a federal judge would have something called a de novo (meaning "new") review of the USCIS' decision. This means the judge would not have to rely on the USCIS decision and can review your case all over again (which in most circumstances is a good thing).

Our firm has extensive experience with federal court litigation. Should you wish to discuss your matters with us, we would be happy to assist (if you have a meritorious case).

Best Wishes!

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Answered on 4/17/07, 9:37 am
William Frenkel Frenkel Sukhman LLP

Re: Selective Service

If you mean that you already filed an N-336 request for a hearing, which was denied, your sole remedy now is to file an appeal with a federal district court within 120 days of the denial. Feel free to contact our offices if you are still within the 120-day window for an appeal and wish to pursue it (assuming your case has merit). You may also re-file N-400 petition for naturalization but if you have other potential problems in your immigration history, this may end up badly for you (with a removal proceeding).

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 4/16/07, 11:42 pm


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