info@kasturilaw.com

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630-392-8101 | 630-392-8101
29 South Webster Street, Suite 370 Naperville,
IL 60540

Call Us Today

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

At Kasturi Law, LLC, our immigration and nationality law attorney and law firm founder, Shobhana Kasturi, has over 27 years of legal experience and a decade of experience representing individuals and families throughout Illinois who are pursuing the N-336 appeal process that is used when a person’s application for naturalization (Form N-400) is denied by U.S. Citizenship and Immigration Services (USCIS).

N-336 Appeals

What are the Common Grounds for N-336 Appeals?

Applicants can file Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, to appeal the denial and ask for a hearing before an immigration officer.

Common grounds for N-336 appeals and strategies to build a strong case include, but are not limited to:

  • Failure to Meet English and Civics Requirements

USCIS may deny naturalization if the applicant fails the English language or U.S. civics tests. Applicants can appeal by showing they meet the exceptions to the English and civics test requirements (based on age or medical condition). Providing additional evidence, such as a doctor’s certification or a better explanation of educational background and preparation, may also benefit the appeal.

  • Good Moral Character

USCIS may find that the applicant does not meet the good moral character requirement due to criminal convictions, dishonesty, or other issues within the statutory period. Applicants must demonstrate good moral character by presenting evidence of community involvement, character references, and any mitigating factors related to past offenses (including rehabilitation or passage of time). They may also need to show that the denial was based on an incorrect interpretation of the facts.

  • Continuous Residence and Physical Presence

USCIS may deny naturalization if the applicant has not met the requirements of continuous residence or physical presence. Applicants can build their case by presenting additional proof of their residence and presence in the U.S., such as tax returns, lease agreements, employment records, and affidavits from friends or family. They may also argue that temporary departures did not break continuous residence.

  • Selective Service Registration

If the applicant failed to register for Selective Service when required, it could lead to a denial of naturalization. Applicants can provide evidence that they were not required to register or were unaware of the requirement due to a lack of notice. If they are over 31 years old, applicants can argue that the failure to register does not reflect their current good moral character.

  • Inaccuracies or Omissions in the Application

USCIS may deny naturalization based on perceived inaccuracies or omissions in the application, which could be interpreted as fraud or misrepresentation. The applicant should address the discrepancies directly and provide explanations, documentation, or corrections. Affidavits from legal professionals or additional evidence showing the unintentional error can help strengthen the appeal.

  • Legal Permanent Resident Status Issues

USCIS may question whether the applicant maintained lawful permanent resident (LPR) status throughout the naturalization process, especially if the applicant was outside the U.S. for extended periods. To counter this, applicants should submit evidence proving they maintained ties to the U.S. during extended absences, such as job connections, property ownership, or familial relationships. It may also help to provide documentation showing compliance with reentry permit requirements.

  • Security Concerns

National security concerns or allegations of terrorist affiliations can lead to a denial. In these circumstances, building a case may require submitting extensive documentation disproving the allegations, affidavits from credible witnesses, character references, and legal arguments refuting the grounds for concern.

How Can the Immigration and Naturalization Attorney at Kasturi Law Help with My N-336 Appeal?

The N-336 appeal is a critical opportunity to challenge a naturalization denial and requires careful preparation and documentation. Tailoring evidence and legal arguments to address the specific grounds for denial can improve your chances of success.

We can help organize and present your appeal effectively, including:

  • Reviewing the Denial Notice Carefully: Understand why USCIS denied your naturalization application and address those in your appeal.
  • Gathering Evidence: Collect any new or additional documents, records, and testimonies that support your eligibility for naturalization.
  • Preparing for the Hearing: The N-336 hearing is your second chance to present your case. Ensure that your legal arguments are clear and supported by evidence.
  • Correcting Errors or Clarifying Misunderstandings: If the denial was based on incorrect facts, clearly correct these errors in your appeal. If there were misunderstandings, clarify them with proper documentation and explanations.

Contact Our Immigration Attorney Today at Kasturi Law, LLC

Contact our immigration law firm today to schedule a consultation that suits your needs.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you move forward confidently.