Requesting a Hearing on a Naturalization Decision

Learn how and when to request administrative review of your U.S. citizenship denial.

By , J.D.
Need Immigration Help? We've helped 85 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

The Form N-336, Request for a Hearing on a Naturalization Decision, is issued by U.S. Citizenship and Immigration Services (USCIS). It allows applicants to appeal a negative decision from USCIS on an application for U.S. citizenship.

If you feel you have been wrongly denied 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 an appeal on Form N-336 is one of your options. Another option, however, is to simply reapply for naturalization. We'll discuss both possibilities here.

Note: If your case was denied because USCIS believed you weren't eligible for a green card in the first place (for example, due to 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 is likely to be taken to immigration court, and the appeal process described in this article will not help you.

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. 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, that the officer failed to recognize that your documented physical disability should have exempted you from being tested on the civics material.

By filing an appeal, you ask that a higher-level officer within the USCIS system review the case, based on the existing record and any additional written materials that you provide. An appeal does not involve you being personally re-interviewed.

If you wish to file an appeal, you will need to file Form N-336 within 30 days of the date that you were notified of the denial. 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.)

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's easier to simply reapply for citizenship than to go through the appeals process. True, you'll have to redo your photos and fingerprints. And the filing fees are nearly the same. But by filing anew, you get a fresh start, 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'll wait for a decision might not vary much either, depending on how backed up the appeals unit at your local USCIS office is.

Check your denial notice to see how soon you can reapply. Some applicants 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 naturalization, and are thinking of filing an appeal, contact an experienced immigration attorney. The attorney can help you figure out the reason for the denial and develop a strategy for going forward. See our section on using an immigration lawyer for more information.

NEED IMMIGRATION HELP ?
Talk to an Immigration attorney.
We've helped 85 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you