Appealing a Denial of Citizenship
If your Naturalization application has been denied, you may choose to appeal that denial within thirty (30) days by filing an N-336 (Request for a Hearing on a Decision in Naturalization Proceedings). Other than completing the application, you will want to include information and documents to rebut the reason that USCIS stated in support of their decision to deny the application.
USCIS will schedule a hearing within one hundred eighty (180) days. The hearing will be in front of a supervisor who will review the decision of the officer who denied the petition, as well as the documentation and information that you provided in arguing that the officer’s decision was erroneous. The supervisor may choose to approve or deny the applicant’s naturalization application based on the entire record: the initial application, the record from the interview, supporting documents, and the N-336.
If the officer upholds the denial, then the applicant may also choose to appeal that denial in federal court. The federal court will review the application de novo (meaning that they will review it as if it’s the first time it’s being reviewed) and make a decision on the application.
If you are interested in learning more about appealing a denial of citizenship, contact Tanner Law Offices at (717) 731-8114 to schedule a consultation with one of our attorneys