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Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA)

For most immigrants, seeking US citizenship is a dream come true. However, the process can be complicated, and if you are facing a denial of your N400 application, you can and should seek legal counsel. Attorney Shobhana Kasturi (from Kasturi Law, LLC) can discuss your options to appeal via form N-336.  Kasturi Law, LLC has offices in Naperville and Schaumburg, Illinois. She can do in-person consultations. She can also do zoom/virtual consultations statewide and nationwide.  You can reach her at 630-3928-1810 or via email at kasturilaw@gmail.com.

What is Form N-336?

Form N-336 allows an applicant to appeal the denial of their naturalization application or form N-400. The form aims to outline why USCIS’s initial denial decision was incorrect. It also allows the applicant to provide new or additional evidence.

What is the process of the appeal? What are my rights?

Once the N-336 form is filed and accepted by USCIS (and yes, you have to pay a filing fee for the N-336), USCIS reviews the submission and, with current wait times, schedules an interview within three to five months at the local USCIS office where the applicant attended their initial naturalization interview.  The applicant has the right to submit not only new evidence but also have representation available for the interview.  During this interview, a different officer reviews and makes a decision about the case. It is a whole new chance to present the case. The officer can review the file again, but if the Civics and English (reading/writing/comprehension) tests were successfully completed, the applicant would not be asked to retake that part of the test.

What are some of the reasons for an N-400 (Naturalization Application)?

The common reasons for the denial are when the applicant has not demonstrated good moral character.  For example, they need to show that they paid their child support or were able to show that they have paid their taxes. Often the key is for the applicant to provide specific evidence that USCIS is requesting, and they were not able to do so, or USCIS erroneously did not accept the evidence submitted.

Another reason for an N-400 denial is if an applicant had a  DUI (or driving conviction for driving under the influence of alcohol. A DUI conviction is in itself not a bar to naturalization. Still, the applicant has to establish their good moral character despite this unfortunate occurrence in their life. An effective immigration attorney (via documentation) can help present a case that allows the applicant to do this precisely.

Another common reason for a denial is the applicant’s inability to evidence continuous residence.  The applicant typically has to show that they have not lived outside the US for more than 180 days during the statutory period. Sometimes, the applicant stays outside for 181 days, and now they have to establish why and if they meet the exception to breaking continuous residence.  In cases like this, a good immigration attorney can make a world of difference.

If you have suffered a denial of the N400 applicant, contact attorney Shobhana Kasturi at 630-392-8101 to discuss your options. She has offices based out of Naperville and Schaumburg, Illinois.

Why does it matter to have legal representation/an immigration attorney for this appeal?

Legal representation for any immigration case is an applicant’s investment in their ability to better their chances of securing the relief they want. Their attorney can prepare them for the interview and will be present to ensure the applicant’s rights are not violated and advocate for them. In one of the most critical steps of one’s life, an investment in good representation is essential and basically an investment in ONESELF.

Shobhana Kasturi (from Kasturi Law, LLC) has successfully handled N-336 appeals. Contact Kasturi Law, LLC to further discuss your options at 630-392-8101. You can reach her via email at kasturilaw@gmail.com.