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Form N-336 guide: Request for a Hearing on a Decision in Naturalization Proceedings

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Form N-336's official title is Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), and it is handled by U.S. Citizenship and Immigration Services (USCIS). After a naturalization application on Form N-400 is denied, the applicant can use Form N-336 to ask USCIS for an administrative hearing in which another officer reviews the original denial.

Form N-336 is the first remedy after a naturalization denial, and the administrative process that must be completed before suing in federal court. Its deadline is short, and if you miss it you can usually only file a new Form N-400, so assess your options as soon as you receive a denial.

At a glance

ItemDetails
Official titleForm N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA)
AgencyUSCIS
Who filesThe applicant whose Form N-400 was denied, or his or her attorney (with a valid Form G-28 attached)
When to fileWithin 30 days after receiving the denial; 33 days if the denial was served by mail
How to fileOnline through a USCIS online account, or by mailing a paper form; follow the official page
Common companion formsG-28 (attorney representation); if needed, a written brief and new evidence
Official pageuscis.gov/n-336

Who can file, and when it does not apply

You can file Form N-336 if:

Form N-336 does not apply when:

Legal basis

How the deadline is calculated

Tips for completing the form

Form N-336 itself is very short; what really determines the outcome is the statement of reasons and evidence that accompany it. Follow the part numbering in the current edition:

Common grounds for review and the evidence to match

Reason for denialWhat you can prepare for the review
Insufficient physical presenceA recalculated travel history, passport entry and exit stamps, flight records and CBP I-94 records showing that the original calculation was wrong
Long absence breaking continuous residenceEvidence that during the absence you kept your U.S. job and home, continued to file taxes as a resident, had family in the U.S., and that the trip had a temporary purpose, to rebut the presumption of a break
Moral character issues (such as an arrest record or unpaid taxes)Certified court dispositions, legal analysis showing the matter is not a statutory bar, tax payment agreements and payment records, and letters from the community and employers
Failing the English or civics test twiceYou are usually retested at the hearing on the portion you failed; if there is a medical impairment, assess whether Form N-648 applies (note the limits since 2025 on submitting Form N-648 after filing)
Not meeting the 3-year spouse-of-a-citizen requirementsProof of the date your spouse became a citizen, and evidence that the marriage continued and you lived together; if you do not meet the 3-year path but already meet the 5-year path, assess refiling
Not submitting requested documentsProvide the documents that were missing and explain why they were not submitted on time

Evidence not in English needs a complete English translation and a translator's certification; see Translation requirements for immigration applications.

How to file and fees

You can file Form N-336 online or mail a paper form to the address listed on the official page. This page does not list specific amounts; for the current filing fee, the fee exemption for certain military-related requests, and fee waiver eligibility, see the USCIS fee schedule G-1055 and the official N-336 page, or read How to check U.S. immigration fees and processing times.

Note: on June 23, 2026, DHS published a proposed rule that would raise the filing fees for Forms N-400 and N-336, eliminate fee waivers for both forms, and eliminate the reduced fee option for Form N-400. As of this update it is still a proposed rule; whether and when it takes effect depends on the final official publication, so verify before filing.

What happens after you file

  1. Receipt notice: confirms Form N-336 was accepted. If it is rejected (for example, because it was late, unsigned or had the wrong fee), find out why immediately.
  2. Hearing notice: USCIS schedules the review hearing, which under the rules is no more than 180 days after filing.
  3. Review hearing: conducted by a different officer, who may review your entire Form N-400 application, not just the original reasons for denial. You may testify and submit new evidence, and your attorney may attend with you. If you previously failed the test, you are usually retested.
  4. Decision: the reviewing officer may overturn the original decision and approve naturalization (with an oath ceremony to follow), or may uphold the denial, or may even deny based on newly discovered issues.
  5. Judicial review: if the denial is upheld, the applicant may seek de novo review in the federal district court where he or she resides within 120 days after USCIS's final determination (INA 310(c), 8 CFR 336.9).

For processing times, check the official USCIS processing times; for case status, see How to check your USCIS case status.

Form N-336 or a new Form N-400?

ComparisonFile Form N-336File a new Form N-400
When it fitsThe original decision was wrong on the facts or the law, or you have evidence that directly answers the reasons for denialThe denial was because a requirement was not yet met (such as too few days, or a negative record within the statutory period), which time will resolve
DeadlineWithin 30 days after receiving the decision (33 days by mail)Any time once you meet the requirements; new fees and a new test are required
Scope of reviewThe reviewing officer may re-examine the entire applicationAn entirely new review
Further remediesIf the denial is upheld, you may sue in federal district courtIf denied again, you can file Form N-336 then

The two are not always mutually exclusive, but pursuing both at once can create complications and should be decided case by case.

How this differs from a delayed decision after the interview

If USCIS has not made a decision more than 120 days after your N-400 interview, you may sue in federal district court under INA 336(b) (8 U.S.C. 1447(b)), asking the court to decide the case itself or send it back to USCIS with instructions to decide within a set time. That is a remedy for "delay," and is a separate path from Form N-336 and INA 310(c), which address a "denial."

Risks to watch

Frequently asked questions

Do the 30 days start from the date on the denial letter?

They start from the date the denial is served. If USCIS served it by mail, the deadline is 33 days, usually counted from the date of the decision. If you received it in person at the interview, the 30 days run from that in-person service. The safest approach is to go by the earliest possible date and file as early as you can.

What if I missed the 30-day deadline?

A late Form N-336 is generally rejected and the fee is not refunded. USCIS will treat it as a motion only if the late request meets the requirements of a motion to reopen or reconsider. In most cases, the only option is to file a new Form N-400 once you meet the requirements.

Will I be tested on English and civics again at the review hearing?

If you were denied for failing the test, you are usually retested at the hearing on the portion you failed. Even if the denial had nothing to do with the test, the reviewing officer may review the entire application.

Can I submit new evidence for the review?

Yes. At the N-336 hearing you can submit a new written brief and evidence, and you can also make statements in person. The evidence should directly respond to the reasons for denial.

If the denial is upheld after Form N-336, what is the deadline to sue?

Under 8 CFR 336.9, you must file suit in the federal district court with jurisdiction over your place of residence within 120 days after USCIS's final determination. The court reviews the facts and the law de novo.

Can I skip Form N-336 and go straight to court?

Generally no. The regulations require you to exhaust the N-336 administrative remedy before seeking judicial review of a denial. A "delay" lawsuit when no decision has been made 120 days after the interview is a different matter.

Official sources

Related reading

Was your naturalization application denied? You have only about 30 days. Book an attorney consultation to decide quickly whether to request a hearing, refile, or deal with other risks first.

This article is general information and is not legal advice. Laws and policies can change; rely on the latest official information and on an attorney's advice for your specific situation.