Filing Form N-336
The U.S. Citizenship and Immigration Services (USCIS) grants citizenship
if you are able to demonstrate your continuous residence and physical
presence, and to be of good moral character. Also, sometimes the government
can make a mistake, and your Form N-400 (Application for Naturalization)
could be denied.
In a case like this, you have the right to appeal. If you think you have
been wrongly denied citizenship, you may still file a request for administrative
review, with Form N 336 (Request for a Hearing on a Decision in Naturalization
30 days of being notified of the denial.
Form N-336 should not be filed with the local USCIS district office that denied the
N-400 Naturalization application.
Don't Go Through the Appeals Process Alone
The N-336 is a mandatory step in the citizenship appeal process. On the other side, not everyone who has been denied citizenship has a legal
basis for filing an appeal.
Denials may occur for a variety of reasons such as:
- An applicant has procured his or her permanent residence through fraud
- Applicant has traveled outside for an extended period of time
- Deficiency in understanding English
- Lack of knowledge of U.S. history and Government
Finally, you must prove your "good moral character" for the statutory
period of time immediately preceding the date of filing.
Once you file Form N 336, the administrative re-hearing will be scheduled
within 180 days, conducted by a new USCIS immigration officer. The second
officer will conduct another interview and examination. The applicant
may in fact be subjected to an additional civic test and an English ability exam.
Additional materials to support the request, such as a written summary
of where USCIS went wrong should be submitted, too. The
legal brief in support is the most important aspect of the appeal. The brief has explain
why the application was denied in error. For this reason, the brief has
to be well written in order to convince the USCIS officer. The USCIS officer
may either affirm the denial or re-determine the initial decision. In
that case, you can file an appeal to a Federal District Court under
8 U.S.C. § 1421(c).
Retain My Firm for Help with Citizenship Appeals
The re-hearing process may be very stressful for an applicant who had his
or her application for Naturalization denied. In these cases, an experienced
immigration attorney from my firm can help you figure out the reason for the denial and develop
a strategy for a successful end. Your attorney may help representing you
and, most of all, writing the legal brief arguing for approval.