Posted Fri, 08/07/2009 - 23:29 by alan
If the United States Citizenship and Immigration Services (USCIS) denies your Form N-400, Application for Naturalization, then you basically have two options: (1) file a timely appeal or (2) file a new application for naturalization.
If you would like to appeal the denial of your Form N-400 then you have 30 days to file an official appeal with USCIS (or 33 days if you received your denial notice by mail). To appeal, you must file Form N-336, Request for Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), with the USCIS along with the proper government filing fee. This form is usually filed with the USCIS District Office that issued the decision. This request must be received by the USCIS before the filing deadline. Merely mailing it before the deadline is not sufficient.
Once USCIS accepts your appeal, they will eventually invite you in for another interview on your naturalization application. This interview (or hearing) must be conducted by a different officer that conducted your original naturalization interview.
Depending on why your Application for Naturalization was denied, filing a new application may be the appropriate strategic course of action versus filing an appeal. For example, in some districts the N-400 processing times may be months quicker than the N-336 processing times. Depending on the basis for the denial it might be quicker, and more appropriate, to just apply again compared to appealing. This will be determined on a case by case basis.
The ultimate decision to appeal or just apply again will depend on the underlying facts of each case. If your Application for Naturalization was denied by USCIS and would like to speak with us, please contact our office to discuss which may be the best strategy for your unique case.
