Form N-336 is the form USCIS uses for a hearing request after a Form N-400 denial. USCIS says to use it "to request a hearing before an immigration officer on our denial of your Form N-400." The USCIS Form N-336 page says you should file it within 30 calendar days of receiving the decision, or within 33 calendar days if USCIS mailed the decision to you. This post explains what the form is and what the hearing is. It does not tell you what to do in your case.
What a denial notice should contain
The Policy Manual says a written denial notice should include "a clear and concise statement of the facts in support of the decision," a "citation of the specific eligibility requirements the applicant failed to demonstrate," and "information on how the applicant may request a hearing on the denial." It also says the officer must issue the written denial notice "no later than 120 days after the initial interview." Read your notice closely and keep track of the date you received it.
What Form N-336 is
The USCIS Form N-336 page says: "You can request a hearing if your Form N-400 is denied after your eligibility interview" and "if you believe you can overcome the grounds for denial." The form's full name is Request for a Hearing on a Decision in Naturalization Proceedings. The hearing is held by USCIS, not by a court.
USCIS says "You may file your Form N-336 online or by mail (paper)." To file online you must create a USCIS online account. For paper filing, the page lists the current mailing address, which USCIS changes from time to time. For the filing fee, USCIS refers readers to its Fee Schedule, and we do not repeat amounts here because they change. The instructions (04/01/24 edition) also say USCIS will reject a Form N-336 that is not signed or not accompanied by the correct fee, except those accompanied by a fee waiver request. Check the current Fee Schedule and the form page before filing.
The deadline
The Form N-336 page says: "You should file your Form N-336 within 30 calendar days of receiving the decision denying your Form N-400 (or within 33 calendar days if we mailed the decision to you)." It adds, "Generally, USCIS will reject a request that is not timely filed." The Form N-336 instructions (04/01/24 edition) give the 30 calendar day period without the 33-day mention. The Policy Manual states the time as 30 days after the applicant receives the notice of denial, or 33 days if USCIS mailed the notice.
If a request is late, the instructions describe one other possibility. If it does not meet the timing rule "but it meets the requirements for a motion to reopen or motion to reconsider, USCIS will reopen or reconsider your case and send you a decision." The Policy Manual says that if the late request does not meet those requirements, "USCIS rejects the request without refund of filing fee." A licensed immigration attorney can confirm how these dates apply to a specific notice.
What the hearing is
According to the Policy Manual:
- The officer "may conduct a de novo review of the applicant's naturalization application or may utilize a less formal review procedure," depending on the complexity of the issues and whether further examination is needed. "A de novo review means that the officer makes a new and full review of the naturalization application."
- The hearing "should be conducted by an officer other than the officer who conducted the original examination or the officer who denied the application."
- You can add evidence. The instructions say you may submit additional documents or briefs "at the time of filing your Form N-336 or at the time of your Form N-336 hearing."
- If the denial involved the English or civics tests, "officers must administer any portion of the English or civics tests that the applicant previously failed." Only one opportunity to pass the failed portion is provided at the hearing.
The officer can uphold the denial, deny on newly discovered grounds, or reverse the denial and approve the application. The Policy Manual says one outcome "Affirms the findings in the denial and sustains the original decision to deny."
After the hearing decision
The Policy Manual says that after a hearing decision, an applicant "may request judicial review before a United States district court of his or her denied naturalization application." The Policy Manual also says that if USCIS does not issue a decision within 120 days of the interview, an applicant may request judicial review in district court. These are legal steps with their own rules, and a licensed immigration attorney is the right person to ask about them.
The pages we reviewed do not say what happens if you simply file a new Form N-400 after a denial, so we do not cover that here. For the original application, see our Form N-400 guide. For what a denied status means in a case tracker, see our case was denied status page.
Common questions
How long do I have to file Form N-336?
The Form N-336 page says you should file within 30 calendar days of receiving the denial decision, or within 33 calendar days if USCIS mailed the decision to you. The Policy Manual gives the same 30 and 33 day periods.
Is the hearing in a court?
No. USCIS describes it as a hearing before an immigration officer. Judicial review in a federal district court is a separate step that can come after.
Can I file Form N-336 online?
Yes. USCIS says you may file online or by mail, and online filing requires a USCIS online account.
Will I be retested on English or civics?
If the denial involved those tests, the Policy Manual says officers must administer any portion you previously failed, and you get one opportunity to pass it at the hearing.
Official sources
- USCIS: Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings
- USCIS: Form N-336 Instructions
- USCIS Policy Manual, Volume 12, Part B, Chapter 6: USCIS Hearing and Judicial Review
- USCIS Policy Manual, Volume 12, Part B, Chapter 4: Results of the Naturalization Examination
GreenLight is not affiliated with USCIS or the U.S. government. This article is for informational purposes only and does not constitute legal advice.