N-336 Processing Timeline: What Applicants Should Expect
If your naturalization application (Form N-400) has been denied, it’s natural to feel a mix of frustration and uncertainty about what to do next. Attorney Lisa Christopher Wogwu understands how important it is to explore every possible option when pursuing U.S. citizenship.
One such option is filing Form N-336, which requests a hearing to appeal the decision. Let’s break down what the N-336 process involves and what you can expect every step of the way.
What is Form N-336?
Form N-336, officially titled the Request for a Hearing on a Decision in Naturalization Proceedings, is a form used to appeal a denied application for naturalization.
When U.S. Citizenship and Immigration Services (USCIS) denies your Form N-400, which is the Application for Naturalization, it doesn’t necessarily mean the end of your path to U.S. citizenship.
Filing Form N-336 gives you a chance to ask for a hearing with a USCIS officer to review your case and potentially overturn the denial.
The N-400 application is the primary form used by lawful permanent residents to apply for U.S. citizenship. However, USCIS may deny an N-400 for several reasons.
Common reasons include failing to meet the continuous residence or physical presence requirements, issues surrounding good moral character, or not passing the English and civics tests. In some cases, the denial may stem from errors or misunderstandings during the initial review of your application.
Filing Form N-336 is an opportunity to address these issues, provide additional evidence, and make a case for why the original decision should be reconsidered. This process can be vital for applicants who believe their application was unfairly denied or mishandled. Attorney Wogwu can guide you in preparing a strong and compelling appeal.
Should I Appeal a Denied N-400?
Deciding whether to appeal a denied N-400 is an important choice that depends on the details of your case. An appeal might be worthwhile for several reasons.
For instance, if the denial was based on incorrect information, such as errors in USCIS records or a misunderstanding of the evidence you provided, an appeal allows you to correct these issues.
Similarly, improper handling of your application—such as a failure to consider relevant documents or an overly narrow interpretation of the law—can be addressed through the N-336 process.
In some cases, new evidence that wasn’t included in your original application can play a key role in overturning the denial.
For example, if you’ve since obtained documents that verify your continuous residence or demonstrate good moral character, presenting this evidence during an appeal could strengthen your case.
It’s important to note that USCIS sometimes makes decisions that test legal limits, and filing an appeal gives you a chance to argue for a fair review of your application.
Understanding the denial letter is essential, as it explains the reasons behind the decision and may reveal errors in the review process. Attorney Wogwu can help evaluate the denial, spot any mistakes, and determine if filing an appeal is the best course of action.
How to Request an N-336 Hearing
Timing is critical when filing an N-336. You must submit your appeal within 30 days of receiving the denial notice. Missing this deadline typically means losing the right to appeal, so acting quickly is essential.
Steps to File:
- Complete Form N-336, ensuring all information is accurate.
- Attach a copy of your Form N-400 denial letter.
- Include any supporting documents that strengthen your case.
Although USCIS rules require hearings to be scheduled within 180 days of filing, delays are common. These delays can be caused by factors like USCIS workload, the difficulty of your case, and how quickly you respond to requests for additional information.
Preparation is everything. Gathering strong evidence, organizing documents, and arranging for potential witnesses can make a significant difference during your hearing.
The N-336 Hearing: What to Expect
The N-336 hearing is your opportunity to make your case directly to a USCIS officer. Here’s what happens during the process:
- Presentation of Evidence: You can provide new evidence or testimony that supports your naturalization eligibility.
- Discussion of the Case: The officer may ask questions about your application, evidence, or any issues raised in the denial.
- Interpreters (If Needed): If you’re not comfortable speaking English, an interpreter can assist you.
Possible Outcomes:
- Approval of the N-400: Your naturalization application may be approved at the conclusion of the hearing.
- Denial: The officer may affirm the original decision if the evidence doesn’t support your appeal.
- Continuation: In some cases, USCIS may request more information before making a final decision.
How to Fill Out the N-336 Form
When filling out the N-336 form, accuracy and attention to detail are essential. Here are some tips to keep in mind:
- Use black ink or type your information to ensure clarity.
- Provide your A-Number in the correct format (A###-###-###).
- Include all required supporting documents, especially a copy of the denial letter.
- Sign and date the form before submitting it.
Even small mistakes can delay processing, so double-check everything before filing.
Filing Fee and Where to File
Filing Form N-336 requires careful attention to both fees and submission methods. Here’s what you need to know to avoid delays or issues during the process.
Fee Information
The filing fee for Form N-336 is $700, and there is an additional $85 biometric services fee. Together, these fees cover the cost of processing your appeal and performing background checks.
It’s important to note that these fees are non-refundable, even if your appeal is denied, so ensure your application is complete and accurate before submitting it.
Fee Waiver Options
If paying the filing and biometric fees presents a financial hardship, you may be eligible to request a fee waiver by submitting Form I-912 (Request for Fee Waiver).
When submitting a waiver request, you must include evidence of your financial situation, such as proof of income, benefits, or other qualifying factors. Filing and Payment Methods
You can submit Form N-336 either online through the USCIS website or by mail. If filing by mail, you’ll need to send your application to the address listed on your denial notice or the USCIS website, depending on your location.
When paying the filing fees, USCIS accepts checks, money orders, or credit card payments. Checks should be made payable to “U.S. Department of Homeland Security.”
Make sure to follow all instructions carefully to avoid delays, and double-check that you’ve used the correct address and payment method for your submission.
Should You File a New N-400 Instead?
In some cases, reapplying with a new Form N-400 might be a better choice than filing an N-336 appeal. For example:
- If you didn’t pass the English or civics tests, you can retake them by filing a new application.
- If the denial was due to residency or good moral character issues, waiting until you meet the requirements before reapplying might save time and money.
Attorney Wogwu can help weigh the pros and cons of each option based on your unique situation.
Tracking Your Case
Once your appeal is filed, you can monitor its progress using the USCIS case status tool online. You can also set up email or text alerts to receive updates as your case moves through the system.
Facing an N-336 Decision in Texas? Wogwu Law Can Help
Attorney Lisa Christopher Wogwu is committed to helping individuals in Texas and beyond with their immigration needs. If you’re considering filing Form N-336 or need advice after an N-400 denial, reach out to Wogwu Law.
We provide personalized support and practical solutions to help you achieve your immigration goals.
Contact attorney Wogwu at 210-972-4480 for a consultation. Let’s take the next step together toward resolving your naturalization case.