8 C.F.R. Part 336: N-400 Denial and N-336 Hearing Regulations
8 C.F.R. Part 336 contains the principal federal regulations governing what happens after USCIS decides to deny an application for naturalization. The regulations address the required contents of the written denial, the deadline and procedure for requesting an N-336 hearing, the officer who conducts the review, new evidence and testimony, the scope of administrative review, late hearing requests, and the transition from USCIS review to federal district court.
What Is Actually in 8 C.F.R. Part 336?
Unlike many parts of the immigration regulations, Part 336 contains only a few operative provisions. Each one addresses a major stage of naturalization review.
Denial After the Naturalization Examination
Governs the written USCIS decision denying Form N-400 after completion of the examination procedures in Part 335.
USCIS Hearing
Governs the request for an N-336 hearing, the reviewing officer, scope of review, new evidence, additional testimony, hearing procedure, untimely requests, and other filing issues.
Reserved
These sections are currently reserved and do not contain operative naturalization-hearing regulations.
Judicial Review
Addresses federal district court review after the administrative naturalization process, including de novo review and exhaustion of the available administrative hearing remedy.
USCIS Must Issue a Written Naturalization Denial
Once USCIS completes the examination procedures and determines that the applicant is not eligible for naturalization, § 336.1 requires a written notice of denial.
The regulation requires service of the denial no later than 120 days after the date of the applicant's first examination.
Pertinent Facts
The written decision should identify the factual findings upon which USCIS based the determination.
Applicable Law
The denial should identify the specific legal section or sections supporting USCIS's finding that the applicant is ineligible.
Conclusions of Law
The notice should explain the legal conclusions reached by the examining officer rather than merely state that the N-400 is denied.
The Denial Should Tell the Applicant What USCIS Found and Why
Section 336.1 calls for a written narrative decision using clear and concise language. That structure is important because an effective N-336 request should address the specific facts and legal conclusions USCIS actually relied upon.
The Denial Must Advise the Applicant of the Right to Request a Hearing
Section 336.1 requires the denial notice to inform the applicant that the applicant may accept the examining officer's determination or request a hearing before an immigration officer.
Form N-336 is not merely a request that the same officer reconsider the denial. Part 336 establishes review before a different officer with authority to revisit the application and the underlying naturalization determination.
How Is the N-400 Denial Served?
Section 336.1 ties service of the written denial to the applicable USCIS service regulation and also recognizes service upon the attorney or representative of record under the representation regulations.
Service matters because the administrative hearing deadline is tied to receipt of the denial.
Preserve the Decision and Proof of Receipt
When a denied applicant is considering Form N-336, keep the complete denial notice, envelope or delivery information where available, online account notice, and counsel's copy. The filing deadline should be calculated before substantive preparation begins.
The N-336 Hearing Request Has a Short Filing Period
Section 336.2 provides that the applicant or authorized representative may request a hearing by filing with USCIS within 30 days after the applicant receives the naturalization denial.
USCIS's current Form N-336 filing guidance instructs applicants to file within 30 calendar days after receiving the N-400 denial and currently allows 33 calendar days when USCIS mailed the decision.
Do Not Wait Until the Deadline to Start Reviewing the Denial
The filing period can be consumed quickly when the case requires old immigration records, certified criminal dispositions, tax evidence, travel records, marriage documentation, legal research, or a detailed response to USCIS's factual findings.
When Should USCIS Schedule the N-336 Hearing?
Upon receipt of a timely request, § 336.2 directs USCIS to schedule the review hearing within a reasonable period that does not exceed 180 days from filing of the hearing request.
The 180-day period concerns scheduling administrative review after an N-400 has already been denied. The 120-day post-examination rule concerns USCIS's obligation to decide the initial naturalization application and the separate federal court remedy for certain undecided cases.
The Officer Who Denied the N-400 Does Not Conduct the N-336 Review
Part 336 requires review by an officer other than the officer who conducted the original examination or made the determination being reviewed.
The reviewing officer must also be classified at a grade level equal to or higher than the original examining officer.
The Reviewing Officer Has Authority to Change the Decision
The regulation authorizes the reviewing officer either to affirm the original findings and determination or to re-determine the original decision in whole or in part.
The N-336 Officer Has Broad Review Authority
Review the N-400
The officer can reconsider the application for naturalization and the issues underlying the denial.
Examine the Applicant
The reviewing officer can question the applicant again concerning the disputed issue and other relevant eligibility matters.
Review the Prior Record
The officer may review the administrative record created during the original Part 335 examination.
Review USCIS Files and Reports
The regulation permits consideration of relevant USCIS files and reports in addition to the material submitted with Form N-336.
Receive New Evidence
The hearing officer may receive additional documentary evidence relevant to naturalization eligibility.
Take Additional Testimony
The reviewing officer may receive testimony considered relevant or testimony the applicant seeks to provide.
An N-336 Hearing Is Not Necessarily Limited to the Original Record
One of the most important provisions in § 336.2 is its express authorization for the reviewing officer to receive new evidence and additional testimony relevant to naturalization eligibility.
Missing Evidence
Records that were unavailable or omitted during initial adjudication may help cure an evidentiary deficiency.
Corrective Evidence
Official documents or reliable contemporaneous records may show that USCIS relied on an incorrect factual premise.
Clarifying Testimony
Additional testimony may help explain an answer, chronology, historical event, or disputed factual issue from the original examination.
The ability to submit additional material does not mean that more evidence is always better. The strongest record generally connects each new item to the factual or legal finding USCIS relied upon in denying the N-400.
What Kind of Hearing Does § 336.2 Require?
The regulation gives the reviewing officer procedural discretion based on the complexity of the case and whether further examination is necessary.
The officer may conduct a full de novo hearing or use a less formal review procedure considered reasonable and in the interest of justice.
De Novo Review Does Not Erase the First Interview
The reviewing officer may still examine the original administrative record. A new hearing permits fresh review and additional evidence; it does not make prior sworn testimony, documents, admissions, or inconsistencies disappear.
The Hearing May Include Further English or Civics Examination
Section 336.2 expressly recognizes that the reviewing officer may need to conduct further examination concerning essential naturalization requirements, including literacy or civics knowledge.
This can matter when the original N-400 denial was based on English or civics testing or when the hearing concerns an associated exemption or disability issue.
Part 336 Contains Special Rules for Defective N-336 Filings
Section 336.2 distinguishes between a substantive naturalization dispute and a hearing request that was not properly filed.
Person Not Entitled to File
A hearing request filed by a person or entity not entitled to file it is treated as improperly filed under the regulation.
Representative Without Proper Appearance
Part 336 contains a procedure for addressing an attorney or representative who submits the hearing request without the required notice of appearance.
Where the problem is a representative's failure to submit a proper notice of appearance, § 336.2 directs the reviewing official to request the required notice within 15 days and contains rules concerning treatment of the original filing date if the defect is cured.
A Late Hearing Request Has a Special Regulatory Rule
Section 336.2 provides that a hearing request filed outside the permitted time period is improperly filed as an N-336 request.
But the regulation does not stop there.
A Late N-336 May Have to Be Treated as a Motion
If the untimely hearing request satisfies the requirements for a motion to reopen under 8 C.F.R. § 103.5(a)(2) or a motion to reconsider under § 103.5(a)(3), the regulation requires USCIS to treat the filing as the appropriate motion and decide the merits.
Motion to Reopen
Generally focuses on new facts supported by affidavits or other documentary evidence meeting the applicable regulatory standard.
Motion to Reconsider
Generally identifies an incorrect application of law or policy based on the record existing when the prior decision was made.
This Does Not Make a Late N-336 Timely
The filing is not converted into a timely statutory hearing request. Instead, the regulation creates a separate question whether the submission independently satisfies the requirements for reopening or reconsideration.
What Should an N-336 Filing Actually Address?
| Problem in the Denial | Potential Part 336 Response |
|---|---|
| Incorrect factual finding | Identify the finding precisely and present reliable record evidence showing why it is wrong. |
| Misunderstood interview testimony | Compare the denial with the examination record and provide focused clarification and supporting evidence. |
| Missing document | Submit the evidence and explain how it satisfies the specific eligibility requirement USCIS found deficient. |
| Incorrect legal standard | Identify the governing statute, regulation, USCIS policy, or controlling judicial authority and apply it to the established facts. |
| Evidence overlooked | Identify where the evidence appears in the record and explain why it materially changes USCIS's conclusion. |
| Applicant truly did not satisfy a requirement | Determine whether the problem can be cured through time, later refiling, another naturalization provision, or a different legal remedy rather than assuming N-336 can waive the requirement. |
Administrative Review Comes Before Federal Court Review of a Denial
Section 336.9 addresses judicial review of a final naturalization denial.
The regulation states that a denial under the naturalization examination process is not subject to judicial review until the applicant has exhausted the administrative remedies available under INA § 336.
The N-336 Process Is Important to Later § 1421(c) Litigation
Federal judicial review after naturalization denial ordinarily follows the administrative hearing process. The N-336 stage therefore serves both as an opportunity to reverse the USCIS denial and as an important step before seeking de novo district court review.
Part 336 Recognizes De Novo Federal District Court Review
Section 336.9 states that judicial review is de novo and that the district court makes its own findings of fact and conclusions of law.
The regulation also recognizes that, at the petitioner's request, the court may conduct a de novo hearing on the naturalization application.
The governing naturalization statute expressly provides for the district court to determine eligibility under a de novo standard. That makes the federal court remedy after administrative exhaustion materially different from many conventional challenges to agency action.
What About the 120-Day Language in 8 C.F.R. § 336.9(b)?
The current text of § 336.9(b) states that a petition for judicial review should be filed within 120 days after the final USCIS determination.
That regulatory language should not be treated as though Congress expressly placed a universal 120-day jurisdictional deadline in 8 U.S.C. § 1421(c).
The Statute and Regulation Are Not Identical on This Point
Section 1421(c) itself does not state a 120-day filing deadline for judicial review after an N-336 denial. Federal courts have addressed the validity and effect of the regulatory deadline, and at least one federal court of appeals has held that the agency lacked authority to impose the 120-day restriction on the federal court's statutory review power.
A denied applicant should not intentionally delay federal court review based on the assumption that the regulation is unenforceable everywhere. The governing statute, federal limitations law, circuit precedent, procedural rules, and facts of the particular case should be reviewed promptly after the final USCIS decision.
Do Not Confuse § 336.9(b) With the N-400 Delay Remedy
120 Days After the Naturalization Examination
8 U.S.C. § 1447(b) addresses a pending N-400 when USCIS has failed to make a determination within the statutory period after the naturalization examination.
120 Days in § 336.9(b)
The text of the regulation separately refers to filing judicial review after a final USCIS denial. Its legal effect must be evaluated together with § 1421(c) and controlling judicial precedent.
From N-400 Denial to Possible Federal Court Review
USCIS Issues a Written Denial
The decision should identify pertinent facts, applicable legal provisions, conclusions of law, and the applicant's hearing rights.
Applicant Reviews the Denial Immediately
Separate factual findings, evidentiary deficiencies, credibility issues, and legal conclusions before preparing the response.
Timely Form N-336 Is Filed
Preserve the administrative hearing deadline while presenting the grounds for review and available supporting evidence.
Another USCIS Officer Reviews the Case
The reviewing officer can revisit the application, examination record, USCIS files, testimony, and additional evidence.
USCIS Re-Determines or Affirms the Decision
The administrative hearing can result in a changed naturalization determination or continuation of the denial.
Federal Court Options Are Evaluated
If the denial remains final after administrative review, 8 U.S.C. § 1421(c) may provide de novo review in the United States district court where the applicant resides.
The Hearing Regulation Does Not Waive Substantive Naturalization Requirements
Part 336 supplies a review procedure. It does not authorize the hearing officer to disregard a mandatory statutory requirement.
Statutory Bar
If the applicant falls within an applicable permanent statutory bar and no legal exception exists, additional favorable evidence cannot simply override Congress's rule.
Missing Residence or Presence
Administrative review cannot create time in the United States that the applicant did not actually accumulate.
Unlawful LPR Admission
If naturalization requires lawful permanent residence and the applicant cannot establish that requirement, Part 336 does not itself supply a waiver.
If the denial rests on a curable timing problem rather than a factual or legal error, a later N-400 may sometimes present a stronger route. The choice between N-336 review and refiling should depend on the actual basis for denial.
8 C.F.R. Part 336 and N-336 Hearings
What is 8 C.F.R. Part 336?
Part 336 contains federal regulations governing written naturalization denials, USCIS hearings after denial, improperly or untimely filed hearing requests, and judicial review following the administrative process.
What must USCIS put in an N-400 denial?
Section 336.1 requires a written narrative decision identifying pertinent facts, the specific legal provisions supporting ineligibility, the officer's conclusions of law, and the right to request a hearing.
How long does USCIS have to issue the N-400 denial after examination?
Section 336.1 provides that USCIS should serve the written denial no later than 120 days after the applicant's first examination.
What regulation governs the N-336 hearing?
The principal hearing regulation is 8 C.F.R. § 336.2.
How long do I have to request an N-336 hearing?
Section 336.2 states that the hearing request may be filed within 30 days after the applicant receives the denial. USCIS currently instructs applicants to file within 30 calendar days of receipt, or within 33 calendar days when USCIS mailed the decision.
Does the same USCIS officer hear the N-336?
No. Part 336 requires another officer who did not conduct the original examination or make the decision being reviewed and who is at an equal or higher grade level.
When should USCIS schedule the N-336 hearing?
Section 336.2 calls for scheduling within a reasonable period not exceeding 180 days from filing of a timely hearing request.
Can the N-336 officer change the N-400 decision?
Yes. The reviewing officer may affirm the prior determination or re-determine it in whole or in part.
Can I submit new evidence?
Yes. Section 336.2 expressly permits the reviewing officer to receive new evidence relevant to naturalization eligibility.
Can I give additional testimony?
Yes. The hearing officer may receive additional testimony that is relevant or that the applicant seeks to provide.
Is the N-336 hearing de novo?
Section 336.2 permits the reviewing officer to conduct a full de novo hearing or use a less formal review procedure depending on the complexity and needs of the case.
Does the N-336 officer see my original interview record?
Yes. The regulation permits review of the administrative record created during the original naturalization examination, together with USCIS files and reports.
Can USCIS retest English or civics at the N-336 hearing?
The regulation recognizes further examination of essential naturalization requirements such as literacy or civics knowledge when necessary.
What happens if my lawyer files N-336 without a proper G-28?
Section 336.2 contains a procedure permitting the reviewing official to request a proper notice of appearance within 15 days and addresses preservation of the original filing date when the defect is properly cured.
What happens if Form N-336 is late?
An untimely request is improperly filed as an N-336 hearing request. If it satisfies the separate requirements for a motion to reopen or reconsider under 8 C.F.R. § 103.5, however, Part 336 requires USCIS to treat it as the appropriate motion and decide the merits.
Do I have to complete N-336 review before challenging the denial in federal court?
Section 336.9 states that the available administrative remedies under INA § 336 must be exhausted before judicial review of the naturalization denial.
What standard does the federal court use?
Section 336.9 and 8 U.S.C. § 1421(c) provide for de novo review, with the district court making its own findings of fact and conclusions of law.
Is there always a 120-day deadline to file a § 1421(c) federal court case?
Do not assume so. Section 336.9(b) contains 120-day regulatory language, but § 1421(c) itself does not state that filing period, and federal courts have addressed the validity of the regulation. The applicable deadline should be analyzed under controlling law in the relevant jurisdiction.
Is the 120-day judicial-review language in § 336.9 the same as the § 1447(b) delay remedy?
No. Section 1447(b) concerns USCIS's failure to decide an N-400 within the statutory period after examination. Section 336.9 concerns judicial review after a final naturalization denial and administrative review.
Naturalization Denials, Hearings, and Judicial Review
Part 336, INA § 336, and Judicial Review
- 8 C.F.R. Part 336 — Hearings on Denials of Applications for Naturalization
- 8 C.F.R. § 336.1 — Denial After Section 335 Examination
- 8 C.F.R. § 336.2 — USCIS Hearing
- 8 C.F.R. § 336.9 — Judicial Review of Naturalization Denials
- 8 C.F.R. § 310.5 — Judicial Review
- 8 U.S.C. § 1447 — INA § 336
- 8 U.S.C. § 1421(c) — De Novo Judicial Review of Naturalization Denials
- USCIS — Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings
- USCIS — Instructions for Form N-336
- USCIS Policy Manual — USCIS Hearing and Judicial Review
- Nagahi v. INS, 219 F.3d 1166 (10th Cir. 2000) — § 336.9(b) Filing-Limit Analysis
Part 336 governs procedure after USCIS denies naturalization. It should be read together with INA § 336, 8 U.S.C. § 1421(c), Part 335, the substantive naturalization provisions governing the particular denial, and controlling federal court authority. The 120-day language appearing in § 336.9(b) should not be assumed to operate identically in every federal jurisdiction; the governing statute and controlling case law should be reviewed when evaluating a federal court filing deadline.
Has USCIS Denied Your Naturalization Application?
A naturalization case review can examine the written denial, the Part 336 hearing deadline, factual and legal findings, interview record, additional evidence, applicable naturalization law, possible motion issues, and whether the case should proceed through N-336 review, later refiling, or federal district court litigation.