Home Immigration N-336 – Request for A Hearing on A Decision in Naturalization Proceedings       

Section 336 of the Immigration and Nationality Act

If your form N-400 Application for Citizenship was denied, you need to file Form N-336 within 30 days of receiving a notice of denial. USCIS will provide you with the reasons your application was denied. You can accept the denial, or file Form N-336 and request a hearing. This allows you to have your case reviewed, and if you were wrongly denied, the hearing provides you with an opportunity to prove your case. You have the right to provide additional information at the hearing to support your case.

You should ensure you are represented by a talented immigration lawyer at the hearing. For assistance, contact Aratta Law Firm at (818) 550-1111. You will need a legal brief to be prepared to present at the hearing.

   

Why Are N-400 Petitions Denied?

USCIS can deny applications for citizenship for several reasons:

  • The applicant failed the English and civics tests: If the applicant did not show competence in English or understanding in the civics test, the application for citizenship will be denied.
  • The applicant has a criminal history: All applicants must be of “good moral character.” Some criminal convictions make an applicant temporarily ineligible for citizenship and require three to five years before reapplying for citizenship.
  • The applicant did not meet the requirements for continuous residency and physical presence in the U.S.: All applicants, to be eligible for U.S. citizenship, must have been physically present in the U.S. for a specific period of time, or will not be eligible.
  • The applicant failed to meet financial requirements: Failure to pay taxes, failure to support your dependents as ordered by the court or failing to make child support payments on time can lead to your application for citizenship to be denied.
  • The applicant is accused of fraudulent statements to USCIS: When the agency believes an applicant has been dishonest in any aspect of the form, the interview, or in the evidence and documentation submitted, the Form N-400 can be denied.
  • The applicant failed to register for Selective Service: If you did not register for Selective Service between the ages of 18 and 26 when registration is required, and a failure to do so may lead to having your N-400 application denied.
   

After You File – What to Expect?

Once requested, the N-336 hearing must be scheduled within 180 days. Your citizenship application will be given to a new immigration officer. The officer can review all information regarding your case to determine whether you were wrongfully denied the right to U.S. citizenship. The officer may request more evidence to adjudicate your case. If you were denied due to failing to pass the literacy or civics test, you may need to refile Form I-400 when you are better prepared, rather than seek a hearing, unless you have circumstances (such as age) that would warrant a waiver. Our attorney can answer any question you have regarding this important issue.

   

Your Rights under the Immigration and Nationality Act

The INA (Immigration and Nationality Act) allows you to appeal a denial of U.S. citizenship. To appeal the decision, you must submit the required documentation, or USCIS may reject or deny your request for a hearing based on lack of supporting documents or insufficient evidence. It is imperative that you do not take chances with this critical matter and engage an attorney to guide you and submit your request for a hearing correctly.

   

How Long Until My Citizenship Problem is Resolved?

Each case is unique. Some people may have their N-400 application approved after the N-336 hearing, while others could experience a lengthy delay while the agency performs a full review of the evidence. You increase your chances of a positive outcome with representation from an experienced immigration attorney.

   

Need Help? Contact an Immigration Lawyer.

If you had your application for citizenship denied, contact Aratta Law Firm, and speak with our Glendale immigration lawyer. We can request an N-336 hearing if your request was wrongfully denied and will thoroughly and professionally prepare your appeal. Contact us at (818) 550-1111 today.