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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28077
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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my mom recently got a notice stating her N400 has been denied

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my mom recently got a notice stating her N400 has been denied and that she can file N366 if she can justify that she can overcome the grounds she was denied her N400. My mom took the citizenship test twice this year and both times she failed the english reading & writing. She passed the civics test on the second test though. Is filing the N366 useful in her case or should she just go ahead and reapply the N400? The notice doesn't mention anything about reapplying N400 but I have hearsay info that one can do so. Pls advice

Hello, my name is Judith. Thank you for this opportunity to answer your questions.

There is no point in disputing the language test if she was not able to do it and pass at the time of her testing.

On the other hand, if she passed the civics test she has to be ready to be retested on that if she files a new N-400.

It is only a $30 fee difference to file a new N-400.

How does she feel about taking the civics test again and how badly did she fail the English test?



Customer: replied 3 years ago.

I was not in the interview room . So, I do not know how badly she did on it. She thinks she did ok except the reading. We lacked practice on the reading, I admit.



So, you think I should just discard this notice of filing the N366 ( that needs to be done within 30 days of notice) and just go ahead and file the N400 when she feels more prepared?




Yes, I do feel that she should just re-file when she is more prepared. It will take your time and patience working with her, but that is the best route to go.



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