Form N-336 guide: Request for a Hearing on a Decision in Naturalization Proceedings
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
| Item | Details |
|---|---|
| Official title | Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA) |
| Agency | USCIS |
| Who files | The applicant whose Form N-400 was denied, or his or her attorney (with a valid Form G-28 attached) |
| When to file | Within 30 days after receiving the denial; 33 days if the denial was served by mail |
| How to file | Online through a USCIS online account, or by mailing a paper form; follow the official page |
| Common companion forms | G-28 (attorney representation); if needed, a written brief and new evidence |
| Official page | uscis.gov/n-336 |
Who can file, and when it does not apply
You can file Form N-336 if:
- Your Form N-400 naturalization application was denied by USCIS. Common reasons include insufficient physical presence, broken continuous residence, moral character issues, failing the test twice, or not meeting the requirements of the 3-year spouse-of-a-citizen path.
Form N-336 does not apply when:
- Another form, such as Form N-600 or N-565, was denied: Form N-336 is only for naturalization applications. An N-600 denial is generally appealed or the subject of a motion on Form I-290B.
- Your Form N-400 was administratively closed: for example, the application was treated as abandoned because you missed the interview without good reason. That is not a "denial," it is handled differently, and you should follow the instructions in the notice.
- No decision has been made long after your N-400 interview: that is not a denial, and Form N-336 cannot be used; there is a separate path to federal court (see below).
- A request filed by someone who is not authorized to file, or by an attorney without a valid Form G-28, will be treated as improperly filed.
Legal basis
- INA 336(a) and 8 CFR 336.2: after a naturalization application is denied, the applicant may request a hearing before an immigration officer.
- 8 CFR 336.2(b): USCIS must schedule the review hearing within a reasonable time, not to exceed 180 days, after Form N-336 is filed; the review is conducted by another officer of the same or higher grade, who may conduct a complete de novo review or a more limited review. The reviewing officer may affirm the original decision or make a new decision.
- 8 CFR 336.2(c)(2): a late request will be rejected as improperly filed and the fee will not be refunded; however, if the late request meets the requirements of a motion to reopen or reconsider (8 CFR 103.5), it must be treated as a motion.
- INA 310(c) and 8 CFR 336.9: if the denial is upheld after the N-336 hearing, the applicant may seek review in the federal district court with jurisdiction over his or her place of residence within 120 days after USCIS's final determination; the court reviews the case de novo, making its own findings of fact and conclusions of law. The N-336 process must be completed before suing.
How the deadline is calculated
- The clock starts when the denial is served: 30 days; if USCIS served it by mail, 3 more days are added under 8 CFR 103.8(b), for 33 days.
- The deadline counts calendar days, including weekends and holidays. What matters is when USCIS actually receives the request, not the mailing date. Leave time for mailing if you file on paper; filing online reduces mailing risk.
- If you received the denial in person at the interview, count 30 days from that in-person service; the extra 3 days for mail do not apply.
- The denial notice generally states the deadline and how to file; follow the notice.
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:
- Information about you: your name, A-Number, address and other details must match Form N-400. If your address has changed, also report the change to USCIS.
- Information about the denial: give the receipt number of your original Form N-400 and the date of the denial notice, and attach a copy of the denial notice.
- Reasons for requesting review: respond to each reason in the denial notice point by point. Explain where the officer erred in the facts or in applying the law, or provide the evidence that was missing before. A general statement like "I think this is unfair" usually does not help.
- Brief and evidence: we recommend submitting a complete written brief and evidence with Form N-336 if possible, to avoid omissions; if you need to submit them later, follow the form instructions and USCIS notices.
- Signature: the applicant signs; if represented by an attorney, attach Form G-28.
Common grounds for review and the evidence to match
| Reason for denial | What you can prepare for the review |
|---|---|
| Insufficient physical presence | A 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 residence | Evidence 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 twice | You 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 requirements | Proof 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 documents | Provide 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
- 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.
- Hearing notice: USCIS schedules the review hearing, which under the rules is no more than 180 days after filing.
- 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.
- 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.
- 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?
| Comparison | File Form N-336 | File a new Form N-400 |
|---|---|---|
| When it fits | The original decision was wrong on the facts or the law, or you have evidence that directly answers the reasons for denial | The 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 |
| Deadline | Within 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 review | The reviewing officer may re-examine the entire application | An entirely new review |
| Further remedies | If the denial is upheld, you may sue in federal district court | If 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
- If the denial involves whether you lawfully obtained your green card (for example, ineligibility, fraud or misrepresentation), or criminal issues that could lead to removal, a review hearing or lawsuit may draw further scrutiny to those issues, and USCIS may refer the case to immigration enforcement. Have an attorney do a full assessment before filing Form N-336.
- Under INA 318, a person in removal proceedings generally cannot be approved for naturalization.
- Every statement submitted in the review must be true. Submitting false evidence to cover a problem has far more serious consequences than a denial.
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
- USCIS: Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings
- 8 CFR Part 336: hearings and judicial review after a naturalization denial
- USCIS Policy Manual, Volume 12: Citizenship and Naturalization
- USCIS fee schedule G-1055
- Federal Register: Naturalization Application Fee Adjustments (June 2026 proposed rule)
Related reading
- Form N-400 guide: Application for Naturalization
- From green card to citizen: N-400 requirements and process
- Form I-290B appeals and motions
- What to do when you receive an RFE
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.