Request for a Hearing on a Decision in N400 Form Naturalization Proceedings.


After applying for US citizenship using INS N 400 Form it might so happen that the application is rejected. Main reasons for rejection are because applicant is not found to have good moral character, false testimony or problems in clearing the naturalization test. False testimony status applies to only cases where applicant has misused for immigration benefits and not considered misrepresentation if done for reasons like embarrassment or for privacy reasons.

In such instances you can use the Form N-336 to request for a hearing on a decision in naturalization proceedings (Under Section 336 of the INA). This form should be filed within thirty calendar days after examination of the decision with the local USCIS office that made the disapproving decision. In case the decision was mailed you have 33 days within which this form has to be filed to request a new hearing.

By a different more experienced officer the new hearing will be held. You may also present additional evidence with the N-336 to support your case. Within 180 days from the date of filing Form N-336 review hearing will be scheduled by USCIS.

Form N-336 filing procedure

In case you may be represented by an attorney or a duly authorized representative he/she should submit Form G-28, Notice for entry of appearance as attorney or representative and place a request for a new hearing using Form N-336. Though, the best option is to consult with a lawyer before filing the N 400 in the first place.

If after you apply for US citizenship and it was inappropriately denied request for a hearing on a decision in naturalization proceedings should be filed for a new hearing to your naturalization case. In support of your request a brief need not be submitted but the choice is left to you. The brief, if included, should explain your eligibility for US citizenship. Instead a small statement hand written by applicant can be submitted along Form N-336. The filing fee is $650. With the same USCIS office which made the unfavorable decision the form should be filed within 30 days from the date the decision was taken.

If applicant is a member or veteran of any branch of the United States Armed Forces and has filed an N400 application for naturalization under sections 328 or 329 of the INA (i.e.,) on or after October 1, 2004 and whose application has been denied need not pay the filing fee for Form N-336.

The check for the filing fee must be payable in the US currency and drawn on a bank or financial institution located in US only. Money order or check should be payable to US Department of Homeland Security, spelled out in full and not as abbreviations like DHS.

In case after review still you are denied US citizenship you may ask federal court to review your application. In which case, court will order USCIS to decision after they study the case from the beginning.

After applying for US citizenship by filing N400 Form, according to the Immigration and Nationality Act, USCIS is supposed to take a decision within 120 days of your naturalization interview on your application.

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