Citizenship Appeals

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 Proceedings), within 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 or mistake
  • 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.

N-336 hearing

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 New Jersey 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.

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