Requesting a Hearing on a Naturalization Decision

The Form N-336, Request for a Hearing on a Naturalization Decision, is issued by U.S. Citizenship and Immigration Services (USCIS). It allows immigrant applicants to appeal a negative decision from USCIS on an application for U.S. citizenship. (For the relevant regulation, see 8 C.F.R. § 336.2.)

If you feel you have been wrongly denied U.S. citizenship after the process of submitting a Form N-400 and attending an interview at which you were tested on your knowledge of English as well as U.S. history and government, filing this request on Form N-336 is one of your options. Another option, however, is to simply reapply for naturalization. We'll discuss both possibilities here.

Caution: If your case was denied because USCIS believed you weren't eligible for a green card in the first place (for example, due to your having submitted false documents or otherwise committed fraud) or that you have become deportable (for example, due to a criminal conviction such as for an aggravated felony), see an attorney immediately. Your case may lead to proceedings before an immigration judge, and the N-336 appeal process described here will not resolve that risk.

Naturalization Appeal Process Using Form N-336

Not everyone who has been denied U.S. citizenship has a legal basis upon which to file an appeal with USCIS. If, for example, you failed the civics exam (after the second try that is normally allowed to applicants), then denial of your case was appropriate, and you won't get anywhere with an appeal.

The idea of filing an appeal is to show USCIS that it made an actual mistake in your case. For example, you might argue that the interviewing officer failed to acknowledge that your documented physical disability should have exempted you from being tested on the civics material. Or you might show that the interviewing officer made a mistake in calculating how much time you spent outside the United States as a permanent resident, and found you ineligible as a result. Or you might simply show that the officer failed to understand a factual point you were making, which can now be clarified.

By filing an appeal, you ask that a higher-level officer within the USCIS system meet with you and review the case, based on the existing record and any additional written materials that you provide. USCIS is expected to schedule this hearing within a reasonable time, up to 180 days from the date when you filed the appeal.

If you wish to file an appeal, you will need to file Form N-336 within 30 days of the date that USCIS notified you of the denial. You can file either online or by mail. There is a filing fee, though it may be waived in certain situations, including for low income. If you are late in submitting this form, USCIS can keep the fee and deny the appeal (though it might choose to view your application as a request to reopen or reconsider your case).

It is a good idea to submit additional materials to support your request, such as a written summary of where USCIS went wrong and how the laws concerning eligibility for U.S. citizenship should apply to the facts of your case. (An attorney can draft this for you.) You would also, of course, want to include any proof of the facts at issue, such as transcripts of your tax payments or records of your overseas travel and return. If the officer found you hadn't proven good moral character, you could add in affidavits from community leaders, proof of your volunteer work, and so on. Ideally, you should submit these with your N-336, but it's okay to bring additional documents to your interview.

At the hearing, the USCIS immigration officer can either conduct a full de novo interview or utilize a less formal review procedure, depending on the officer's sense of what is reasonable and will best serve justice. Be prepared to explain why you think the denial was wrong and to answer any questions the officer has for you.

If your appeal is denied, you can request that the federal district court in your jurisdiction review your case.

Filing a New N-400 Application for Naturalization

In many situations, it is easier to simply reapply for naturalized U.S. citizenship on Form N-400 (as you did before) than to go through the appeals process. True, you will have to redo your photos and fingerprints. But the filing fee is somewhat lower (and again, if you're low income, you might qualify for a reduced fee or a waiver). Also, by filing anew, you get a fresh start. That means you can correct any errors you made on the first application and won't be in the position of convincing a government official that its agency made a mistake.

How long you will wait for USCIS's decision on a new application versus an appeal is also worth considering. It might not be that much different either, depending on how backed up the appeals unit at your local USCIS office is. But it's common for the N-400 to move faster, since it's part of USCIS's routine processing.

Check your naturalization denial notice to see how soon you can reapply. Some applicants are told they need to wait longer than others, depending on the reason for the denial.

Getting Legal Help With Your Naturalization Appeal

If you have been denied naturalized U.S. citizenship, and are thinking of filing an appeal, you'd be wise to contact an experienced immigration attorney. The attorney can help you figure out the reason for the denial, assess whether the issue puts you at risk for deportation from the United States, and develop a strategy for going forward. See our section on using an immigration lawyer for more information.