Can I appeal a denied N-400 naturalization application?

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Question:

Can I appeal a denied N-400 naturalization application?

Answer:

Indeed, you can appeal a denial of your application for naturalization (U.S. citizenship). The question is whether you want to.

If you believe that U.S. Citizenship and Immigration Services (USCIS) made an out-and-out error when it denied your naturalization request, and that you can clear the matter up by supplying an explanation and documentary evidence, then submitting an appeal may get you the result you want. You will avoid having to reapply for naturalization.

But you will have to attend another interview. And the fee for filing the appeal actually is actually more than the fee for naturalization. Plus, preparing the appeal will take some effort. The immigration authorities will be inclined to assume that the first person who considered your application acted properly, and did not make any mistakes such as you allege.

Many people decide it's easier and cheaper just to file a new N-400. Still, the choice is yours.

The directions for filing your appeal will be provided on your denial letter received from the USCIS. Here are your main tasks:

  • You will need to file a Request for Hearing on a Decision in Naturalization Proceeding under Section 336 of the INA. This is form number N-336 and it is readily available through USCIS.
  • After you receive the form, complete it and then file it, paying the processing fee required.
  • There's a deadline: You must file your appeal within thirty days of receiving the denial letter.

In situations where you are still denied after the N-336 review process, you can further appeal your case to the United States District Court. You can work with an immigration attorney throughout the process. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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