CHALLENGING THE N-400 APPLICATION DENIAL BY USCIS

Should I File Form N-336, Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA) with U.S. Citizenship and Immigration Services ("USCIS")?

If you or someone you know find yourselves in any of the following situations then you should take a minute to read this blog:

1. You assumed you were eligible for naturalization but USCIS recently denied your application.

2. You feel that you have been wrongly denied or USCIS made a mistake in denying your naturalization application.

The biggest question applicants have is whether to re-file the N-400 application or file Form N-336 to request a hearing based on the N-400 denial. First and foremost, it would be best to review your N-400 application denial line by line to see what USCIS is alleging as to why you may not qualify for citizenship. Well, one of the important things to note is whether USCIS made a mistake or you have evidence to support why you believe you were wrongly denied from being approved for citizenship. If the review of the denial becomes complicated, this is where you should consult with an experienced immigration attorney to guide you.

If you decide to file Form N-336, do remember the following information:

a. You have within 30 calendar days from the date of the denial on the N-400 application to file Form N-336;

b. There is a filing fee of $700 plus you may be required to pay the biometrics fee of $85 that you may need to submit with the application (it is recommended to double check filing fees on the USCIS website to see whether anything has changed since posting this blog);

c. Filing your Form N-336 untimely may result in a rejection or denial by USCIS (the filing fee may not be refunded);

d. Whether you have evidence to support your claim that USCIS made a mistake to submit with Form N-336; and

e. You may or may not receive a hearing within 180 days of filing Form N-336 from USCIS, it may take longer.

If you don't have supporting evidence to show that USCIS wrongly denied your naturalization application, then it may be best to re-file for citizenship by filing a new N-400. Yes, you will need to pay a new set of filing fees unless you are approved for a fee waiver. However, before you go ahead with filing the new N-400 application, you should check to see if you meet the requirements of becoming a U.S. citizen, for example:

a. Have you been a permanent resident of the U.S. for the last 3 or 5 years? (this depends on which rule you filed under);

b. Have you filed your taxes or can you properly explain your reason for not filing your taxes? (this may or may not count against your good moral character);

c. Have you ever been arrested? (check with an attorney prior to filing whether you are eligible to file for citizenship);

d. Have you travelled outside of the U.S. for more than the required time? Etc.

The above-mentioned examples are a general list, therefore it would be best to sit down with an experienced immigration attorney to see whether you should:

(a) Re-file for citizenship;

(b) File Form N-336;

(c) Not file the N-400 application at all; or

(d) Wait until you become eligible for citizenship in the future.

(This blog was written by Attorney Poonam Minhas to provide general information. It is always recommended that you work with an experienced immigration attorney if you have any complications or need guidance on how to navigate the immigration process in the United States. Should you have any questions pertaining to your particular case, you may contact an experienced immigration attorney for a consultation.)