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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

After applying for naturalization, receiving a denial can be a significant setback, but it’s not necessarily the end of the road. If U.S. Citizenship and Immigration Services (USCIS) denied your N-400 application, you may be eligible to challenge that decision through a formal request known as Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings.

But can you win an N-336 appeal? Yes—if you understand what’s at stake, submit the proper evidence, and present strong legal arguments. Here, our Illinois immigration and naturalization attorney at Kasturi Law, LLC, explains.

Evidence and Legal Arguments

Understanding the N-336 Appeal Process

Form N-336 allows you to request a new hearing before a different USCIS officer. This is not just a re-review of your file—it’s your chance to submit new evidence, clarify misunderstood facts, and legally challenge any incorrect application of immigration law.

You must file the N-336 within 30 days of receiving the denial notice, so time is critical. Missing this deadline could forfeit your chance to appeal.

What Evidence Can Help Win an N-336 Appeal?

Success on appeal largely depends on the strength of your supporting documents and how clearly you address the reason(s) for your original denial.

Here’s what may make the difference:

  • Updated or Additional Evidence – If your denial was based on insufficient documentation, now is the time to fill in the gaps.
  • For example:
    • Proof of continuous residence or physical presence.
    • Tax records.
    • Marriage or divorce documentation.
    • Proof of Selective Service registration (if required).
  • Legal Rehabilitation Documents – If the denial involved a criminal record, providing evidence of rehabilitation, such as court dispositions, expungement orders, or character references, can be critical.
  • Affidavits or Declarations – Written statements from community leaders, employers, or family members can help bolster your good moral character or provide context for any past issues.
  • Medical or Disability Documentation – If your denial was based on failing the English or civics test due to a medical condition, provide detailed documentation and request accommodations if applicable.

Legal Arguments That Strengthen Your Case

Your attorney will assess whether USCIS misapplied the law, failed to consider evidence, or made errors in its review process.

Some arguments that may apply include:

  • Procedural Error – USCIS didn’t follow proper procedures, such as failing to consider all your evidence or miscalculating your physical presence.
  • Improper Application of Law – The officer misinterpreted what constitutes “good moral character” or relied on outdated policies.
  • Due Process Violation – If you weren’t given a fair opportunity to respond to concerns or present evidence, this could be a strong basis for appeal.

Why Legal Representation Matters

An experienced immigration attorney can make a significant difference in the outcome of your N-336 hearing. At Kasturi Law, we help clients review the full denial file, gather compelling documentation, and craft arguments tailored to USCIS expectations and case law.

Facing a Naturalization Denial? We Can Help You Fight Back

A denial doesn’t mean your dream of citizenship is over. At Kasturi Law, LLC, our Illinois immigration and naturalization attorney can help you understand your options and fight for your desired outcome.

Contact us today for a confidential consultation. Let’s take the next step together during an in-person meeting, a phone call, or a Zoom session. You can also schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes.

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