A denial of your application for naturalization is not the end! Form N-336 is your second chance. Keep reading to find out how.
Why Do You Need Form N-336?
For a fact, getting rejected in anything at all will leave a bad taste in your mouth. But getting your petition for U.S. citizenship rejected will leave you with more than just a bad taste. You finally managed to accrue time to naturalize, paid the fees, and filed your Form N-400. But instead of getting an approval notice, what you received is a notice of denial.
This situation will put your efforts to waste and leave you crestfallen – if there was no solution. Rather than a solution, let’s call it a “second chance”. And we are here to tell you how this “second chance” – Form N-336 works.
Importantly: the first question is whether you should file an N-336 or not. Many times the denial of an N-400 can be corrected by fixing the error in a new N-400 application. But if USCIS will continue to deny your N-400’s, then an N-336 is appropriate. Remember, if you made a mistake in filing your N-400 and it got denied (such as spending too much time outside the US) or there is a negative history (such as a criminal conviction in the 5 year period prior to filing) then an N-336 will probably not work. When you file an N-336 you have to show that USCIS misapplied the law or misunderstood a fact about your case. If USCIS was correct in denying your case under the law, don’t bother trying to tell them they were wrong by doing the N-336. Fix the problem and refile your N-400.
Just because you have the right to file an N-336 doesn’t mean it’s always a good idea. Only an experienced attorney should be making this decision for you. (Contact us: we can help!)
Introduction To Form N-336
Form N-336 is also called “Request For a Hearing On a Decision in Naturalization Proceedings”. This name should be enough to give you an idea of what happens at an N-336 hearing.
It allows you to seek a hearing against the denial of your Form N-400 (Application For Naturalization). It gives you a chance to appeal if you feel that your application was wrongfully denied. The hearing will be conducted within 180 days of filing your N-336, and a new decision will be made on your N-400.
Simple Instructions For Form N-336
- The first thing to do is obtain a copy of the form. You can download the form for free on the official USCIS website. However, if downloading the form is not an option, you can request a copy from USCIS by calling 1-800-375-5283
- You must submit your N-336 with credible evidence to support your position. Before you file Form N-336, you must be absolutely certain that USCIS is wrong, and you are right.
- Form N-336 must be filed within the deadline. That is, within 30 days after the denial of your N400. Keep in mind that you should also gather all evidence within this time and file it with the N-336 if you can. If you need more time, summarize the evidence but under no circumstances should you wait more than 30 days to submit the N-336. You can always get more evidence to submit at the interview, which will come several months after filing.
- You must fill the form with valid information. Do not under any circumstances lie, manipulate the truth, or provide false documents.
- The form must only be filled with black ink. Whether you’re typing or printing, it must be done in black ink.
- The form must be signed properly. Anything besides a signature(when required) will not be accepted. If you are under 14 years(and do not have an official signature), your parents or guardians may sign for you.
- Unless USCIS specifically requests for original documents, you should only submit photocopies.
All these are just basic information to prepare you to file an N-336. If you want to see the full instructions for Form N-336, then you should visit the official USCIS website.
What Happens At an N-336 Hearing?
If you submitted your form N-336 properly within the deadline, USCIS is supposed to conduct your hearing within 180 days. (Note: this doesn’t always happen.)
A new officer will be in charge of the hearing, and effectively, your application. The officer will review your records, and you may be required to provide more evidence.
Once the review is finished, the officer will then give a new decision, to approve or deny your application.
If your application still gets rejected at the N-336 hearing, you may file an appeal to review your application for naturalization in a federal court. This review will be carried out by a federal judge, completely independent of USCIS control.
Importantly, your issue may be so complex that you want to head directly to federal court. However, you generally have to go through the N-336 first before going to court.
Do You Qualify To File Form N-336?
If you want to file Form N-336, you must keep the following things in mind:
- Your form N-400 must have been denied.
- You must file the form within 30 days upon the denial of your N-400
- Before filing Form N-336, you must be absolutely certain that you were wrongfully denied
- The filing fee for Form N-336 is currently $700. The fees on the form instructions may be outdated. So, you should always check the official USCIS website for the actual filing fees.
- Most importantly, do you have what it takes to win the hearing? By yourself, maybe not. But with an experienced immigration attorney, your chances are much higher.
What Happens If You Don’t File Form N-336 Correctly?
- If you do not pay the correct fees, your form will be rejected, and then the 30 day deadline may expire.
- Your form will be denied if it is incomplete, missing some pages or information.
- If you falsify or submit false documents, your form N-336 will be denied, and you may face criminal prosecution.
File Your Form Correctly with Professional Legal Assistance!
Getting your N-400 denied is not the end! When you receive a notice of denial, you’ll be given two choices: To accept the decision or to appeal.
This is evidence that Form N-336 is your right. If you’re going to exercise this right, you might as well give it your best shot. To do so, you cannot go wrong with hiring the best immigration lawyers around.
So, contact The HMA Law Firm today! Our attorneys will not only give you tailored guidance but will also fight for you from the start to the end of your hearing.
Don’t give up! We will never let your efforts go to waste.