D. How to Appeal

• Library: Becoming a U.S. Citizen (Nolo) (2021 Ed.)

D. How to Appeal

If you choose to go the administrative appeal route, you must act quickly. Your appeal notice is due at USCIS within 30 calendar days of the date your citizenship was denied. (The date you were denied is shown on your written denial notice.)

Some applicants receive this notice in person, on the day they are interviewed, while others receive it by mail from USCIS. If you receive your notice by mail, your appeal notice must be sent (or submitted online) within 33 days of the date on the USCIS letter, because USCIS presumes that you received its letter within three days after mailing.

In order to persuade a second (or third) USCIS officer to view your case positively, we recommend that you include a standard appeal form and an accompanying sworn statement and supporting documents.

The necessary and recommended paperwork for filing an administrative appeal includes:

• Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings Under Section 336 of the Act (see line-by-line instructions in Section D1, and the sample, below; relevant pages only)
• fee (currently $700, but check for changes on the USCIS website, at www.uscis.gov/n-336). Send a check or money order made out to U.S. Department of Homeland Security—do not send cash.
• documents to overcome the basis for the denial (see Section D2, below), and
• your sworn statement to overcome the basis for the denial (see Section D3, below).

You'll also need to choose whether or not to appear in person, as described in Section D5, below.

TIP

If someone else makes out the check for you to pay with, make sure that your name and A-number appear on the line at the lower-left corner of the check. That way, if the check gets separated from your application, USCIS will be able to trace it, and you won't have to pay twice.

1. Completing Form N-336

Form N-336 is the only form you'll need to fill out for your appeal. As with all USCIS forms, it's best to type the information. If that's not possible, write clearly, using black ink.

RESOURCE

Form N-336, pictured below, is available from USCIS by calling 800-870-3676, or by visiting the USCIS website. Go to www.uscis.gov/n-336. You have a choice of printing the form out, downloading it and filling it out on your computer, or creating a USCIS account and filing online.

When completing Form N-336, follow the line-by-line instructions below. Although the form is easy to complete, we recommend that you make a copy and practice before entering information.

Sample Request for Hearing on Decision

Sample Request for Hearing on Decision—Page 2

Sample Request for Hearing on Decision—Page 3

Sample Request for Hearing on Decision—Page 4

Sample Request for Hearing on Decision—Page 5

Part 1: Enter your full name, exactly as you entered it on your Form N-400. (The exception would be if your name has changed since then, for example through marriage or divorce. In such a case, you should attach a document that explains this, such as a marriage or divorce certificate.) Don't forget to write your A-number on the right of the same line, and on every page that follows.

Enter your birth date, home address, and mailing address. If you don't use a separate mailing address, you may write "same" here. Fill in your contact...